Federal Motor Carrier Safety Administration 15 th Annual International Legislators Forum James O. Simmons June 26,

Presentation Overview  Hazardous Materials Law and Regulation  Modal Administrations  Hazardous Materials Shipment in the United States  The 4 C’s  On The Horizon  Cargo Tanks Issues  Unauthorized Packages and Practices  Hazardous Waste  Conscientious about Safety 2

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Title 49: USC Chapter 51 & CFR  Hazardous Materials Law  To "protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce“ (Hazardous Materials Transportation Law)  Hazardous Materials Regulations  49 Code of Federal Regulations Part

FMCSA, PHMSA & Modal Administrations  FMCSA- Federal Motor Carrier Safety Administration  Mission: To reduce crashes, injuries and fatalities involving large trucks and buses.  PHMSA- Pipeline and Hazardous Materials Safety Administration  Mission: To protect people and the environment from the risks of hazardous materials transportation.  Other Modal Administrations: FRA, FAA, and USCG 5

PHH What We are Trying to Prevent

7  Up to one million shipments daily  1.6 billion tons shipped annually by all modes (majority by truck)  Over 34 million containers entering U.S. ports annually  Over 12 % of all freight tonnage shipped annually Hazmat Shipments

8  Classify  Communicate  Contain  Comply Four C’s of HM Transportation  Who is involved and how is this done?

Classification and Communication 9

Containment 10

Compliance 11

Production Water vs BS &W  January 13, 2003, 4:30 pm  3 KILLED and 4 INJURED  Basic Sediment and H 2 O  Failed to perform analysis  March 6, 1995 Interpretation  June 26, 2008 FMCSA Guidance  Is history going to repeat itself? 12

Cargo Tank Issues 13

Four injured in tanker explosion 14

Conscientious about Safety (Low Probabilities/High Consequences) 15

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Contact James O. Simmons Hazardous Materials Program Manager (HMPM) US DOT/Federal Motor Carrier Safety Administration/Western Service Center West Colfax Avenue, Suite B-300 Lakewood, CO