The Department of Transportation's (DOT) Research and Special Programs Administration (RSPA) has announced a second extension in the deadline to file public comments on its proposal to clarify the jurisdiction of various agencies in the loading and unloading of hazardous materials (hazmat) before and after transportation activities. The rule was published in the Federal Register on June 15. The original comment deadline, which was October 12, 2001, now has been extended to February 1, 2002.
RSPA believes that changes are needed to its hazmat regulations because currently the Agency's authority overlaps with that of the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), and other federal agencies. Under the RSPA proposal, transportation of a hazardous material would cease to be under RSPA's regulatory authority when the material is delivered to the consignee. If the carrier unloads the material, it would continue to be covered by federal hazmat rules, but if the consignee unloads the material, RSPA no longer would have jurisdiction. Another agency, such as OSHA, or a corresponding state agency with enforcement authority, would take over at that point.
RSPA extended the original deadline in order to take into account comments and testimony that were received during two public hearings on the issue. The comment deadline is being extended this time to accommodate commenters who may wish to amend their statements in light of the September 11th terrorist attacks.
The proposal is controversial, however, and several industry representatives, including the American Chemistry Council, the American Petroleum Institute, the American Trucking Associations, and the Hazardous Materials Advisory Council, have urged DOT to withdraw it altogether. These groups argue that gaps in the proposed regulatory scheme would leave certain areas, such as storage facilities, vulnerable to terrorist attacks. They also maintain that the proposal gives DOT less regulatory authority over hazmats, when it should have more. Even the National Transportation Safety Board filed comments questioning the proposal, stating that it does not adequately address the loading and unloading of railroad tank cars, highway cargo tanks, and other bulk containers.
