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to Gary Draper prom Tom Grumbles March 29, 1984 subject TRANSPORTATION REGULATIONS, HR4518 AND HR2693 At your request, copies of the subject proposed bills were obtained and reviewed. Copies are attached for your information. HR4518 - This bill was summarized in the SPI newsletter (attached). The advisory group would make recommendations on a broad range of transportation issues which the Secretary would consider for regulatory action. At this time the fate of the proposed bill is uncertain. It is closely tied to HR2693. HR2693 - In general, this bill is proposed to "promote the public safety" by improving consistency of transportation regulations among states, delegate more responsibility for enforcement to the states, and providing means for state and local government to better respond to hazardous materials incidents. The bill included the following: A. An evaluation of existing training programs for those involved in the transportation of hazardous materials and emergency incidence response. Actions would be taken to improve information dissemination for the above and encourage the establishment of training centers. B. Federal grants would be available to states for assistance in developing State plans for enforcing Federal transportation regulations. The Secretary would develop procedures and criteria for these programs as outlined in the bill. C. Increasing the Federal role and rights in establishing regulations concerning the routing of hazardous materials and notification require ments prior to moving hazardous materials through jurisdictions. The routing regulations would be promulgated with the participation of state, local and regional governments. Criteria for such routing is outlined in the bill. D. Federal grants would be available to assist in the development "of coordinated and effective emergency response programs for incidents, at the state and local level". E. Funds would be made available for research and development of response techniques. COMMENTS - The general concept of obtaining consistency of transportation regulations and preemption by prevailing Federal regulations should have a positive impact on transportation operations. WV 000012352 f Gary Draper Page 2 March 29, 1984 The impact of State governments promulgating plans for enforcement is unclear. If the states have resources to develop plans and staff enforcement and inspection groups, an increased level of enforcement would be expected. The development of numerous routing restrictions could obviously have an impact on our operations in terms of cost and delivery time. If the bill is enacted as written, we would want to become active, where possible, in local activities dealing with those recommendations. I trust your contact on the SPI COT&D group will remain involved and aware of the progress of these bills. Also attached are hearing announcements for two issues which would increase required compliance activities. I have the full text of the announcements if you want to see them. Perhaps we should discuss attendance at the hearings or how we could find out what happened through SPI COT&D. s "' i-' ' '1 ---------- Thomas G. Grumbles ajo Attachments VVV 000012353 Fait* Church; VA Katharine NoblerProject Manager * kpctf 3a ISMkv f- docket and be aebmitted^if possible, in CHEMTREC--Chemical Transportation ' FfeMu TbMateri*l*TiajiapOFlamjtfv- BiltemiJia* dettrmtaetflfcelifcfl dfreimart' wilt not resultin e ____ t uaSunxm regulilBIfTwBcfarid; tercopftmTb*Docket* Branch,le- located in Room 0428 of tha NasMf Ruittfing, 400 Seventh Street SWi WssAihgt6n,-D.C. 2059(1 Offl5e fcoi Emergency Center, ChemicaT < Manufacturer*Aaaociation, 2501M1-; . Street NW^Washtegton. D.C. 2003# ' Joe J. Mayhewv Director ,,; ' procedure*!**`firmiiffft preiimifimy*-^ . are 830 am. to SOTp-m.. Mondsjf- economic evahtetios atetyerelaftafoeMMa1 -- througkFriday. - ------- ----------- ft available foe review Ikthe dockefe - ____ FOB MIATII-- IWrORMATlOW CONTACT?.., .. {49 U.S.C. 1804.180814*CFR l-SiApp^A to. Pert 1 andpMegrepbfeflSlofApkAtoPmW' 108) -- Issued in WashingtcmJXC. an Muck.12. -- 1984. Alan L Roberts, Lee B, Metcalfe. Chief. Regulation!^ Development Branch, Standard* .- Division. Office of Hazardous Materials 'ReguIatton.Mhterials Tran^portatfon^. * Bureau, Departmentof Transportation, 400 Seventh Street SW,, Washington, Associate DirectorforHazardous, Material* D.C. 205901 (202) 426-2075; Regulation. Materials Traneporatotioa Bureau.. SUPPUMENTARY INFORMATION: The National Transportation Safety Board (TO Doe M-7026 FDad S-1S-S* MS *a| . mjn* coon sue so m (NTSB) has recommended that the Department of Transportation determine, by mods of transportation, 49 CFftPart 172 the feasibility of requiring comprehensive product-specific.. . NFPA;--National Fire Protection ' Association. Baitferymarch Park,' Quincy, MA 02289/ Robert W. Grant. .. President ~ AAR--Association of American Railroads, WaBhingtom D.C. Thomas Phemister. Director, Bureau of Explosives ERG--Emergency Response Guidebook. Materials Transportation Bureau. Research and Special Program* Administration, U.5. Department of Transportation, Washington. D.C 20590, Alan I. Roberts, ERG Project Manager As background to its Safety [Docket No. HM-126C; Notice *4-2) emergency response information such as Recommendation 1-83-2, issued Required Uh Of Emergency Response Guidebooks and Material Safety Data Shoots MSDS's for hazardous materials moving in bulk quantities. The American Trucking Associations. Inc. (ATA) has petitioned MTB for a rule requiring November 29,1983, NTSB stated the following: * -* . About 11:00 a.nu, e.s.t, on October 13.1982. AGENCY: Materials Transportation Bureau (MTB), Research and Special Programs Administration, DOT. placement of Emergency Response Guidebooks in certain transportation facilities. Comments that relate to the an eastbound tractor/cargo-tank semitrailer, owned and operated by Matlaek,Incorporated. overturned when its driver took evasive action to avoid a head-on collision action; Advance Notice of Proposed ATA petition have been received from with a westbound pickup truck with another Rulemaking and Notice of Public other parties. This notice solicits* pickup truck in tow that croased the Hearing. comments on the potential benefits and centerline on State Route 299 approximately consequences of required use of the one-fourth mile west of Odesaa. Delaware. summary: This Notice soGcits comments on the potential benefits and consequences of required use of Emergency Response Guidebooks (ERG) and/or Material Safety Data Sheets (MSDS's) to communicate information on the hazards of materials while they are moving in commerce. This solicitation is intended not only to address emergency situations involving significant discharges of hazardous' materials, but what must be known about them w^en they are present in tfansport vehicles (including vessels and aircraft), and facilities associated with transportation such as terminals, piers, warehouses and other places where hazardous materials may be kept during the course of transportation. ERG and/or MSDS's to communicate information on tha hazards of materials while they are moving in commerce. This notice contains a substantial amount of material that is directly quoted. Primary sources of the quoted material are as follows: NTSB--National Transportation Safety Board, 800 Independence Avenue, SW., Washington. D.C 20594, James E. Burnett Chairman ATA--American Trucking Associations. Inc., 1816 P Street NW,, Washington, D.C 20036, Robert A. Hirsch, Attorney and Richard M. Doyle, Hazardous Materials Specialist IBT--International Brotherhood at Teamsters, Chauffeurs, Warehousemen and Helpers of The tank-trailer contained 5,600 gallons of divinylbenzene (DVB). 150 gallons of which leaked from the tank through a clean-oul cap and a pressure relief device in the dome. As a result of the accident, five persons were treated for injuries at a local hospital: four (including the two Matlack drivers} were released and one was admitted for further treatment. In addition. 46 emergency response persons were treated and released for respiratory problems and skin rashes associated with exposure to the DVB. Police officers were notified of a highway- accident but were not informed that a hazardous material was involved. Upon arrival, police and ambulance crews devoted their activities to site security and first-aid to the craah victims. The first arriving police officers reviewed- the shipping papers and then returned them to the driver. The shipping papers described oatsc A public hearing pertaining to America. 25 Louisiana Avenue. NW, themetrerfraisedtoy tMiriotlca wiUbe Washington. D.C 20001,1C V, ' ' tMldonMay-2,1994,from9:39fcanto. . Durham, Director. Department of "TfliiiiMiksiUHiin TK1Q of UieNoaril--- . Safety and Health- - * flavinA Street WTAs--Wyoming TfacidngAMoeiatiott/ ,&C. 2009ft Interested 108 Ren^bo Aveni rpS63f39S%8|r s the cargo as "5.600 gallons of COMBUSTIBLE LIQUID, not otherwise specified (a.o.j-j (Divinylbenzene. 55, Inhibited) NA1993/* The truck was properly placarded in accordance with Department of IrimsportatioB regulations. personnel respondedto the accident; but MringtoftltoMCtaK aearof them had tritlnis.yswma*expei4enes: ... ' - .- > -- VVV 000012354 / Friday, March Iff, 198 / Proposed IuhHir:_ 49 CFR Pwrt 171*\ lOocfcatHOuHM 36R; No6c*64-t) OstHed Hezardoue Material* inddfrt Report* aokncvs Materials Transportation Bureau. Research and Special Programs Administration, DOT.. ACTKMC Advance Notice of Proposed Rulemaking, and Notice of PublicHearing.* 3 summary: This notice invites comments on changing the reporting criteria for hazardous materials (hazmat) incidents under 49 CFR 171.16. The purpose of this notice is to review existing regulations for clarity and effectiveness. Comments are also invited on the adequacy of certain of the data Helds in DOT Form F 5800.1 for purposes of describing the safety performance record of DOT specification packages. Comments received will be considered in the publication of a notice of proposed rulemaking if it is decided to propose specific changes to the existing requirement for carriers to submit detailed hazardous materials incident reports. oates: A public heaving on the matters raised by this notice ml be held on May 1.1984. in Washington. D.C.. at 400 Seventh Street SW, Room 2230. from 3 30 a m. to 5:00 p.nx. Interested persons are invited to participate in the pobtic hearing. The closing date for submission of written comments is June 5.1984. address: Address comments to Dockets Branch. Materials Transportation Bureau. U.S. Department of Transportation. Washington, D.C. 20590. Comments should identify the docket and he submitted, if possible, in five copies. Persons wishing to receive confirmation of receipt of their comments should include a self* addressed stamped post card. The Dockets Branch is located in Room 6428, Nassif Building, 400 Seventh Street, SW., Washington. D C. 20590. Public-dockets may be reviewed between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. Telephone (202) 426-3148. FOR FURTHER INFORMATION CONTACT: I- S. Nalevanko, Office of Regulatory Planning and Analysis, U.S. Department of Transportation. Washington, D.C. 9590. Telephone: (202} 472-2898, or ving It Abie, Standards Division* Office of.Hazardous Materials^ Regulation^ U.S. Departmentof ^Washington. ItC. 2059a (209| 426-2075. aUMtiMFHTAItV INFORMATION?' 'Background The Materials Transportation Bureau (MTB)is reviewing the requirements of S 171.16 that each carrier who transports-- hazardous materials submit to the Department a hazardous materials (hazmat) incident report (DOT Form F 5800.1) for each incident that occurs during the course of transportation (including loading/unloading, or temporary storage). The review was conducted in accordance with Executive Order 12291 as a part of MTB's program to evaluate existing regulations for clarity and to revoke or revise those that are not achieving their intended purpose: or can achieve their intended purpose in a more effective and efficient manner. To accomplish this purpose, a review team consisting of the personnel of several offices of MTB was established. The review is also consistent with the final rule under Docket HM-38 (35 FR 16836, October 31. 1970) which established the current reporting requirements for hazardous materials incidents. In that docket it was noted that, after a period of time, the Department would evaluat the effectiveness of the incident reporting system and. as appropriate, take further rulemaking action to incorporate addition*! input on the reporting of hazardous materials incidents. One of the major objections raised in Docket HM-38 referred to the requirement that a detailed, written report be Hied in every case where there "has been an unintentional release of hazardous materials from a package " Marty commentera believed that the Department would be flooded with numerous incident reports relating to the release of insignificant amounts of hazardous materials. In response to these comments, the Hazardous Materials Regelations Board (the prodecessor of the present Materials Transportation Bureau) stated that it was not in a position to determine whether there are insignificant unintentional releases of hazardous materials that do not warrant the filing of a written report: and that it lacked criteria to establish a line between those releases that should and those that should not be reported. This Advanced Notice of Proposed Rulemaking is intended to assist MTB in determining what these criteria should be, in light of the more than 13a00&hazmat incident reports submittedto* MTB over the past 12 years. The Present Reporting RequiieiMUle The present reporting requirements of i 171.16 are triggered by the following criteria (Reporting criteria (A) and (B) below also require telephonic reports, as required by I 171.15.): (A) All releases of a hazardous material, which as a direct result of the hazardous material, result in: A fatality: An injury requiring hospitalization; Estimated carrier or other property damage exceeding $50,000. (B) All incidents, whether or not there is an actual release of a hazardous material, in which: A fire, breakage, spillage, or suspected contamination occurs involving shipment of radioactive materials: A fire, breakage, spillage, or suspected contamination occurs involving shipment of etiologic agents: A situation exists of such a nature that in the judgment of the earner, it should be reported, e.g.. a continuing danger to life exists at the scene of the incident. (C) All unintentional releases of hazardous materials from a package (including a tank) or any quantity of a hazardous waste during transportation, except for the following hazardous materials (except aboard aircraft': Consumer commodity: Battery, electric storage, wet. filled with acid cr alkali: Paint and paint related materials when shipped in packagings of five gallons or less. Under these criteria, an average of 7.900 incidents per year have been reported to MTB over the last two years. The vast majority of these reports pertain to criterion (C)--that is thev do not involve a death, an injury. darr;-jp exceeding $50,300. etc., and are primarily associated with incidents involving small packages, such as drums, bottles, cans, boxes, bags. etc. Approximately 79 percent of ail incident reports involve small packages. Nature and Extent of the Existing Hazmat Incident Reporting Data Base At the beginning of 1983, there were approximately 130.000 hazmat incident reports (DOT Form F 5800.1) in the hazmat incident computerized data base. These reportB span the 12-year period 1971-1982. During the two-year period 1981-1982. the data base iicreased by an average of 7.900 reports per year. Each report (see DOT Porm F 5800.1 at the end of this document) contains approximately 30 primary data 000012355 vvv i'.-.V-,. Tjr98th congress n >| cf * O 18T SMMOK n I\ 4:010 RECEIVED MAR 19 '84 1 Route: _ ________ To e*Ubfi*h in the Department of Treutportatba a. working croup on NU&tti Uniform State Rcfulatfon ofXntonttrte Motor Camera. and for other pur^Kpte IN THE HOUSE OF REPRESENTATIVES Norsunvs 18.1883 Mr. Howard (for himanlf. Mr. Spyob, Mr. Am>Skaoif, end Ur. Shustsb) (by raqeect) introduced the foQowtag MU; which wu referred to the Committee on Public Works and Trunaportatno A BILL. To establish in the Department of Transportation & working' group on National Uniform State Regulation of Interstate Motor Carriers, and for other purposes. X Be it enacted by the Senate and House of Representor 2 twee of the United States ofAmerica in Congress assembled, 3 Skoteon L This Act may be cited as the "National 4 Uniform. State Regulation of Interstate Motor Camera Act of 5 1983'*6 Sbc. 2. (a) There is established in the Department of T Transportation a working group whose members shall be apK Panted by the Secretary of Transportation (hereinafter the 9 Srrretun?) in consultation with State Governors and organi- vvv 000012356 2 1 z&tions of State officials concerned with State truck regiatra2 don and tax administration. The membership shah be com$ posed of State officials representing agencies with expertise 4 in vehicle registration, fuel tax, and third structure tax prac5 dees affecting the trucking industry. No more than one 6 member of the working group shall be appointed from, each 7 State. The Secretary, or an official of the Department of 8 Transportation appointed by the Secretary, shall be a nonvot8 ing member of the working group. The Secretary may name 10 snob additional nonvoting members, representing interested 11 parties or perspectives, as necessary. The limitation on mem12 berahip from each State shad not affect the naming of non13 voting members. Nonvoting members shall not be eligible for 14 compensation for expenses under subsection (c) of this soc15 turn. The term of & member shell not exceed twelve months 16 unless the Secretary, in Ms or her discretion, determines 17 otherwise. The working group shall not be subject to the pro18 visions of the Federal Advisory Committee Act (5 U.S.C. 19 Apg. I). 20 (bXD The working group shall advise, consult with, and 21 make reoommendations to the Secretary regarding uniform 22 State regulation of interstate motor carriers. The working 23 group is. authorized to develop and recommend to the Secre24 tary standards for uniform State regulation of interstate 25 motor carriers in regard to vehicle registration, fuel tax, and HR 451* m .* vW 00001Z3*7 T D A8th congress t 1ST swatow n Iv ftO IO RECEIVED MAR 19 '84 1 Route: --______ Copy: To eftabHsh in the Department of Trusportatfou I-working group os NafitfesI Uniform State Regulation of Intend** Hotar Camera, and for other purple*. m THE HOUSE OF REPRESENTATIVES Noybmbss 18.1983 Mr. Howard (for himself, Ur. Spydaz, Hr, AnDWteon. and Hr. Shusteb) (fay reqoeet) introduced the following trill; whteli wu yttfamd to the Committee 04 Public Works and Transportation A BILL To establish in the Department of Transportation a working group on National Uniform State Regulation of Interstate Motor Carriers, and for other purposes. 1 Be it enacted by the Senate and Rouse of Represents 2 lives of the United States ofAmerica in Congress assembled, 3 Section L This Act may be cited as the "National 4 Uniform. State Regulation of Interstate Motor Carriers Act of 5 1983" S Sbc. 2. (a) There is established in the Department of 7 Transportation a working group whose members shall be ap* K Panted by the Secretary of Transportation (hereinafter the 1* Secretary) in consultation with State Governors and organi- VVV 000012358 2 1 zationa of State officials concerned with State truck registrar 2 don and tax administration. The membership shall be com- $ posed of State officials representing agencies with expertise 4 in vehicle registration, fuel tax, and third structure tax praa- 5 tices affecting the trucking industry. No more than one 6 member of the working group shall be appointed from each 7 State. The Secretary, or an official of the Department of 8 Transportation appointed by die Secretary, shall be a nonvot- 9 ing member of the working group. The Secretary may name 10 such additional nonvoting members, representing interested 11 parties or perspectives, ae necessary. The limitation on mem- 12 berahip from each State shall not affect the naming of non- IE voting members. Nonvoting members not be eligible for 14 compensation for expenses under subsection <c) of this soo- 15 tion. The term of a member shall not exceed twelve months 16 unless the Secretary, in his or her discretion, determines 17 otherwise. The working group shall not be subject to the pro- 18 visions of the Federal Advisory Committee Act (5 U.S-C. 19 App. I). 20 (bXD The working group shall advise, consult with, and 21 make recommendations to the Secretary regarding uniform 22 State regulation of interstate motor carriers. The working 23 group is authorized to develop and recommend to the Secre- 24 tary standards for uniform State regulation of interstate 25 motor carriers in regard to vehicle registration, fuel tax, and HR 4)11 W V VVV 000012359 3 1 third structure tax requirements. Topics considered by the 2 working group in formulating their recommendations shall in- 3 elude, but not be limited to-- 4 (A) standardized procedures and forms; 5 (B) base State certification; 6 (C) single State unit for filings, applications, and 7 permits; 8 (D) payment to the base State of fees and taxes 3 due other States; and 10 (E) ensuring prompt and equitable distribution of IX revenues. 12 Such standards shall not define or limit the amounts of any 13 State registration fees, fuel taxes, or third structure taxes. 14 (2) The working group shall also-- 15 (A) define an approach to resolve any discrepan- 16 cies in States1 implementation of standards ultimately 17 promulgated by the Secretary; 18 (B) identify permanent bodies to develop and rec- 13 ommend future modification of such standards, and 20 (O consult with public and private interests (for 21 example, citizens representing safety andtax issues; 22 owner-operators: trucking andshipping associations) 23 contributing to, affected by,or concernedwith State 24 motor carrier requirements during thedevelopment of 25 the standards. vvv 000012360 4 i (c) Voting members of the -working group shall, white 2 attending meetings or conference* of such working group or 3 otherwise engaging in the business of such working group, be 4 entitled to receive compensation at & rate fixed by the Score* 5 iary, bat not exceeding $100 per diemr including traveltirae. 6 While away from their home or regular places of business, 7 voting members of the working group may he allowed travel 8 expenses, including per diem in. Heu of subsistence, as author- 9 ixed in section 5703 of title 5, United States Code, for per- 10 sons in the Government servioe employed intermittently. 11 Payments under this subsection shall not render members of 12 the working group to be employees or officials of the United 1$ States for any purposes. 14 (d) The recommendations required by subsection <b) of 15 this section shall be submitted to the Secretary within twelve 16 months from the date of enactment of this Act. 17 (e) The Secretary may initiate rulemaking after reoeiv- 18 mg such recommendations, or in the absence of recommenda- 19 tiona within twelve months afterthe date of enactment of this 20 Act, may promulgate regulations implementing such stand- 21 ards as described in subsection (bXU of this section. 22 (0(1) After the effective date of any regulations promul- 23 gated under this Act, no State shall impose administrative 24 requirements that are in excess of the standards promulgated 25 under subsection (e) of ibis section. 000012361 n uta iv 42 1 raiding September 3Gr 1985, to conduct the research required 2 under subsection (a) of this section. 3 OVERSIGHT 4 Sec. 316. The appropriate authorising committees of 5 the Congress shall conduct periodic oversight hearings on the 6 effects of this title no less often than annually for the tint 3 7 years following the date of enactment of this Act, to ensure 8 that this tide is being implemented according to congression 9 al intent and the purposes of this title. / 10 TITLE IV 11 SHORT TITLE 12 Sec. 401, This title may be cited as the "Hazardous 13 Materials Transportation Act Amendments of 1983". 14 PURPOSES 15 Ssa. 402. The purpose? of this title are to-- 16 (1) Promote the public safety by providing for in17 creased coordination among the various levels of gov- ,18 eminent and greater consistency among Federal, State 19 and local rules and regulations; 20 (2) encourage sad assist State and local govern21 meats to play a major role in the prevention of hazard22 oua materials transportation incidents by delegating the 23 enforcement of certain Federal regulations; and 24 (3) provide for greater assistance to State and 25 local governments is responding to such incidents iU ltIU L U . EDI Z*t* IB WV 000012362 43 1 through coordinated and 'well-planned advice and as 2 sistance at the time of the incident, training and tech 3 nical assistance programs, and planning grants to en 4 courage the adoption of coordinated imadenfc-response 5 programs. 3 FINDING 7 Sac. 403. The Congress finds that-- 3 (1) the transportation of hazardous materials can 9 create severe hazards to the public safety; 10 (2) such transportation is nonetheless essential to 11 commerce; 12 (3) in tiie interest of uniformity, the Hazardous 13 Materials Transportation Act (49 U-8.C. 1801 et seq.) 14 provides for the preemption of State and local govern 15 mental regulation, of hazardous materials transportation 16 to tike extent that it is not consistent with. Federal re 1? quirements and regulations; 13 (4) despite this preemption, when serious hazard 19 ous materials incidents occur* State and local govern '20 ment* necessarily have the primary responsibility for 21 emergency response; and 22 (5) increased coordination and greater consistency 23 between the Federal Government and State and local 24 governments, would assist in the prevention of hazard 25 ous materials transportation incidents and in the over- ax as n VVV 000012363 44 1 all ability of State and local governments to respond to 2 such incidents. 3 DEFINITION 4 Sec. 404. Section 103 of the Hazardous Materials 5 Transportation Act (40 U.S.C. 1802) is amended by redes6 - igniting paragraphs (3), (4), (5), (6), and (7), and aQ refer7 ences thereto, as paragraphs (4), (5), (6), (7), and (8), respee8 tively, and by inserting the following new paragraph immedi9 atelj alter paragraph (2): 10 "(3) 1incident* means any event occurring in the 11 transportation of hazardous materials or & traUsporta12 don-related function such as loading, unloading, pack13 aging, or stowage which has led, or poses an imminent 14 threat of leading, to a release of hazardous materials 15 which could result in a serious risk to health, safety, or 16 property;" 17 PREVENTION OF AND RESPONSE TO HA2A&DOOS 18 MATERIALS INCIDENTS 19 Sbg: 405. The Hazardous Materials Transportation Act 20 (49 U.S.CL 1801 et seq.) is amended by inserting "Subtitle 21 A" immediately after "TITLE. I--HAZARDOUS MATE22 RIALS", and by adding at the end thereof the following: M Kazmin X VVV 000012364 45 1 "Subtitle B 2 "fbdbbal tbainino fboobamb bob. incident 3 PREVENTION AND RESPONSE 4 "Seo. 120. (a) Evaluation.--(i> The Secretary and 5 the Director of the Federal Emergency Management Agency, 6 m coordination with other agencies with responsibilities reUt7 ing to hazardous materials transportation, shall evaluate-- 8 "(A) programs conducted by Federal, State, and 9 local agencies and private organizations which provide 10 training to shippers, carriers, inspectors, and enforce11 ment personnel involved is the transportation of haz12 ardoos materials with respect to compliance with and 13 enforcement of rules, regulations, standards, and orders 14 promulgated by the Secretary under the authority of 15 this title; and 16 "(B) programs conducted by Federal, State, and 17 local agencies and private organizations which provide 18 training to agencies ororganizationsresponsible for re19 sponding to incidents involvinghazardousmaterials 20 transportation. 21 "(2) Not later than 5 months after the date of enactment 22 of this section, tits Secretary and the Director shall submit 23 interim report to the Congress bn the results of such evahia24 tioo~ Nat later than 10 months after the date of enactment of 25 this section, the Secretary and the Director shall complete HE SOS ZB VVV 000012365 i 40 1 such evaluation and submit the results of such evaluation to 2 the Congress. 3 "(b) Training Programs.--If, as a result of the eval4 uation conducted pursuant to subsection (a) of this section, 5 the Secretary and the Director determine that existing train0 mg programs for the transportation of hazardous materials 7 are inadequate or that there is needless duplication among 9 such programs, the Secretary and the Director may develop y 9 appropriate training programs and make recommendations as 10 to methods to improve existing programs. The Secretary and 11 the Director shall, upon request,'provide to State and Ideal 12 agencies and private organizations a description of training 13 programs and such other assistance as is appropriate to assist 14 such agencies and organizations in fulfilling their hazardous 15 materials and incident-response training needs. 16 "(c) Information Dissemination.--The Secretary 17 or the Director, as they consider appropriate, shall maintain 18 an information dissemination service, which shall provide in19 strucfitmal materials in the training, skills, and knowledge 20 necessary to assist Federal, State, and local agencies and 21 private organizations in training personnel m safe and proper 22 methods for the transportation of hazardous materials and for 23 responding to incidents. SucKinfonnatfon service shall identi24 fy specific elements with &pect to training, equipment, and 25 methodologies necessary and useful in preventing incidents, man at ^ VVV 000012366 47 I a&4 m responding to incidents when they occur. In addition, 2 training programs shall be identified which are determined, 3 through the evaluation required by subsection (a) of this sec 4 tion, to be Useful for training shippers, carriers, inspectors, or 5 enforcement personnel with respect to hazardous materials 6 transportation safety and for training response personneL 7 The Secretary and the Director may take all necessary meas 8 ures to improve the coordination,and effectiveness of afi such 9 Federal, State, local, and private training programs. 10 "(d) Training Centers.---Aa part of the effort to im 11 prove the coordination of incident-prevention training pro- 12 grams, the Secretary, to the extent practicable, shall estab 13 lish or encourage the establishment of regional training cen 14 ters. i 15 "STATE MOTIVATION AND GRANTS TO STATES 16 "Sec. 121. (a) Grants.--Under the terms and condi 17 tions of this section, and subject to the availability of funds, 18 the Secretary is authorised to make grants to States for the 19 development and implementatioa of programs for the enforce- > 20 meat of Federal rules, regulations, standards, and orders ap 21 plicable to hazardous materials transportation pursuant to the j 22 provisions of tins tide and consmteat State rules, regulations, 23 standards, and orders 24 "(b) State Plan.-^{I) The Secretary shall, after ' \ 25 notice and opportunity for comment by interested parties, for es XH VVV 000012367 llJlMih l i f t , . IM ill itkM i ill li l. lllt m 48 1 mutate procedures for; any State to submit & plan whereby 2 the State agrees to adopt, and to assume responsibility for 3 enforcing, rules, regulations, standards, and orders issued 4 under this tide and consistent State rules, regulations, stand5 arda, and orders. Such plan shall be approved by the Score6 tary if the Secretary determines that the plan promotes the 7 objectives of this title, and the plan-- 8 "(A) designates die State agency or agencies re9 sponsible for administering the plan throughout the 10 State; 11 "(B) contains satisfactory assurances that such 12 agency baa or is taking steps pursuant to State law to 13 have the legal authority, resources, and qualified per14 sonnel necessary for the enforcement of such rules, 15 regulations, standards, and orders; 16 "() gives satisfactory assurances that such State 17 will devote adequate funds to the administration of 18 such plan and enforcement of such rules, regulations, 19 standards, and orders; r 20 "(D) provides a right of entry and inspection suffix 21 cient to enforce the provisions of this title; and 22 "(E) provides that such State agency will adopt 23 such uniform reporting requirements and use such uni24 form forma for recordkeeping, inspections, and invests- na mss m *VV 000012368 49 1 gotions as may be established and required by the Sec2 retaxy. 3 "(2) If a plan submitted under paragraph (1) of this sub4 section is rejected, the Secretary shall provide the State with 5 a written explanation of the Secretary's action, and shall 6 permit the State to modify and resubmit its proposed plan for 7 approval, in accordance with the procedtxes formulated purso8 ant to such paragraph. 9 "(c) Withdrawal of Approval.--The Secretary 10 shall, on the basis of reports submitted by the State agency, 11 and on his own inspections, make a continuing evaluation of" 12 the manner in which each Stats with a plan approved under 13 this section is carrying oat such pl- Whenever the Secre14 tsry finds, after affording notice and opportunity for com15 meat, that a State plan previously approved is not being fol16 lowed or that it has become inadequate to assure the enforce17 ment of rules, regulations, standards, or orders issued under 18 this title, the Secretary shall notify the State of withdrawal 19 of approval of sueh plan. Upon receipt of such notice, such 29 plan shall cease to be in eflectt Any State aggrieved by a 21 determination of the Secretary under thia subsection may 22 seek judicial review pursuant tics chapter ? of title 5, United . "V 23 States Code. The State may, however, retain jurisdiction in 24 any case commenced before:thewithdrawal of the plan when- *!> - ^ VVV 000012369 HRfmS .t*, 50 1 ever the issues involved do not directly relate to the reasons 2 for the withdrawal of approval of the plan. . - 3 "(d) Rbimbubsbmbnt.--By grants authorized under 4 this section, the Secretary shall reimburse any State in an 5 amount not to exceed 50 per centum of the costs incurred by 6 that State in that fiscal year in the development and imple- 7 mentation of programs to enforce hazardous materials trans- 8 portation rules, regulations, standards, and orders issued 9 under this title and consistent State rules, regulations, stand- 10 ards, and orders. The Secretary may allocate amounts appro- 11 printed for grants to support such programs among the States 12 whose applications for grants have been approved pursuant 13 to such criteria as may be established by the Secretary. 14 Am PttSNOTIFICATION 15 "Sec. 122. (a) Aitthostty.--(1) The Secretary may, 16 in consultation, with State, local, and regional governments 17 and with appropriate Federal agencies, and as required to 18 protect the safety of the American public, establish-- 19 - "(A) regulations with respect to the routing of .i 2Q hazardous materials' befog transported in interstate 21 commerce; and . 22 ----- ~?(B) a prenotification system which would inform 23 State or local governments fo advance of the timing, i *. j 24 nature, and routing of hazardous materials shipments 25 through the jurisdictions. HX 202 m VVV 0000X2370 ** iiiiiiii'i k 11 (Hi iI'Minii<<inrp*H>itm| i wHhpiiii iw iiw if r w T m * 52 1 "(b) Consultation*--In establishing regulations 2 under subsection (a) of this section, the Secretary shall seek 3 the advice of various groups interested in the safety of the 4 transportation of hazardous materials, including shippers, 5 earners, and users of hazardous materials and hulk package 6 or container manufacturers; organisations `which, represent 7 employees engaged in the transportation of hazardous ma&eri- 8 ala; citizens* and environmental groups; and private organize- 2 tions concerned with transportation safety or tile provision of 10 emergency services in response to a major accident involving 11. the transportation of hazardous materials. " 12 "BWMOBNOT MSPON8B PLANNING GBANT3 13 "Sbo. 123. (a) Planning Gbants.--In order to pro- 14 mote the development of; coordinated and effective emergen- ,i 15 cy-response programs for incidents at the State and focal 16 levels, the Director of the Federal Emergency Management 17 Agency may, taking into account consistency with the na- 18 tional contingency plan (as revised pursuant to the provisions 19 of tile Comprehensive Environmental Response, Compensa- 20 tion, and Liability Act of? 1980 (42 U.S.& 9601 et seq.), *'1 21 make emergeney-responseplaiming grants to units o State, 22 regional, and local governments. Such grants shall be used, . \ 23 among other things, to-- | j ! j i . ....................... M" * 'W i i laiupft hs iv m vvv 0000X2371 53 1 the study area is terms of die adequacy of trained per 2 sonnel* equipment, and information systems, and to de 3 termine the most cost-effective means for upgrading 4 such capabilities; 5 "(2) determine at what point and to what extent 6 each sack agency wflibecome involved in the response 7 to a given incident; 8 "(3) determine which, of such agencies wzE be the 9 lead agency for responding to a given type of incident 10 At any given location; 11 "(4) define the role of' each such agency in re-' 12 spondmg to any incident; and 13 "(5) establish a emmnnmcations network that will 14 permit onsite interagency communications as well as 15 operational and command communications. 18 "(b) Bulbs abb Rbgulatioks.--The Director shall, 17 within 12 months after the date of enactment of this section, 18 establish such rules and regulations as die Director considers 19 necessary for the administration of emergency-response plan- 20 ning grants described in subsection (a) of this section. Any 21 gich regulations shall provide tfist - 22 "(1) the Federal shave of any such planning grant 23 shall not exceed 50 per centum of the cost of such 24 project; and & mH VVV 000012372 SBSS B 54 1 "(2) not leas than 25 per centum of the funds obh- . 2 gated for such grants shall be used to make planning1 3 grants to units of regional or local government. 4 "(c) OoobujnatBD Rbsponsb Pboo&ams.--To the 5 extent possible* the Director shall encourage the use of such 6 planning grants to promote planning for the establishment of 7 coordinated regional emergency-response programs. 1i 8 "EBSBASOH AUD DBVHLOPMENT 9 "Sea 124. The Director of the Federal Emergency 10 Management Agency, in coordination with the Secretary, 11 may conduct research and development activities designed to 12 improve the capabilities of Federal, State, local, and private 13 agencies and organizations responsible for responding to an 14 incident. Such activities may include programs to-- ' .S' 15 "(1) encourage the development and demonstra 16 tion of new and innovative techniques in responding to 17 incidents; 18 "(2) evaluate existing techniques and programs for 19 responding to incidents; and _ j. ) 20 "(3) promote ttei development and adaption of 21 mnrimnm standards ) , equipment, coordma- 22 turn, rasouroes related to re- 23 sponding to ; j I j j 1 ! j i ! j j j I HR EH vvv 000012373 1i 55 1 "AUTHOBlATION 07 APPROPRIATIONS 2 "Sbo. 125. There are authorized to be appropriated to 3 the Secretary such sums aa may be necessary for the pur- 4 poses of section 121 of tins subtitle. In addition, there are 5 authorised to be appropriated to the Federal Emergency 6 Management Agency such sums aa may be necessary for the 7 purposes of section 123 of this subtitle.". 8 RBPOMraa SYSTEM AIfI> DATA CBNTBR 9 Sec. 406. Section 109(d) of the Hazardous Materials 10 Transportation Act (49 tLS.C. 1808(d)) is amended-- 11 .(1) hy inserting immediately before 'The 12 Secretary"; IS (2) by redesignating paragraphs (1), (2), and (8) aa 14 subparagraphs (A), (B), and (O, respectively; and 15 (3) by adding at the end thereof the following: 16 "(2) Nothing in this subsection shall be construed to 17 limit the authority of the Secretaiy to enter into a contract 18 with a private entity for use of a supplemental reporting 19 system and. data center operated and maintained by such 20 entity-". 21 OONTOBMENIJ AMENDMENTS 22 Sbo. 407. Sections 110, 111, and 115 of the Hazardous 23 Materials Transportation Act (49 U-S-C. 1809,. 1810, and. 24 1812) are amended by striking /'title" wherever it appears 25 and inserting in Ben thereof '`subtitle" in each such place. BRSHD VVV 000012374