At the request of President Bush, legislation has been introduced in both the House and Senate that would reauthorize the Hazardous Materials Transportation Act (HMTA) (H.R. 3276/S. 1669).
The hazmat program has not been reauthorized since 1994, and since 1997, it has been funded through the annual appropriations process. Department of Transportation (DOT) Secretary Norman Y. Mineta sent the legislation to Capitol Hill in October in response to the September 11th terrorist attacks. If enacted, the legislation would affect ILMA members’ transportation operations, as it would require increased diligence to ensure that hazardous materials are being properly shipped.
The “Hazardous Material Transportation Safety Reauthorization Act of 2001” was introduced by Representatives Don Young (R-AK) and James L. Oberstar (D-MN), Chairman and Ranking Minority Member, respectively, of the House Committee on Transportation and Infrastructure. Senator Ernest F. “Fritz” Hollings (D-SC), Chairman of the Senate Committee on Commerce, Science and Transportation, introduced the Senate version.
The bill would:
· strengthen DOT inspectors’ authority to open and inspect packages in transportation;
· provide those inspectors with authority to stop seriously unsafe transportation;
· increase the maximum civil penalty for hazmat violations from $27,500 to $100,000;
· expand requirements for training persons involved in hazmat transportation;
· strengthen the enforcement authority of DOT’s state enforcement partners;
· provide the U.S. Postal Service with civil penalty authority to enforce effectively its regulations on mail shipments of hazmat;
· address the current overlap of hazmat transportation regulations between DOT and the Occupational Safety and Health Administration, except in certain areas; and,
· specifically allow participation by states in a coordinated program of hazmat carrier registrations and permits.
Hazardous materials transportation groups support President Bush’s efforts to reauthorize HMTA. In a letter to Capitol Hill signed by the American Chemistry Council, the National Tank Truck Carriers, the Institute of Makers of Explosives, and others, the industry groups stated that the White House proposal is worth of consideration, especially in light of the September 11th attacks. The letter offered several recommendations, and the groups offered to work with Congress to craft an acceptable piece of legislation.
