90-Day HazMat Ban in Washington, DC; Other State Bans May be on the Way

Last week a 90-day ban on hazardous materials shipments through the nations capital was passed. The city council in Washington D.C. approved the ban that is expected to be signed by the Mayor, after which it will go into effect. In this issue we will discuss this recent legislation and how it will impact motor carriers who transport hazardous materials. We will also discuss the possibilities of a permanent ban being passed as well as additional state bans.

This ruling impacts all transportation of hazardous materials through Washington D.C. (rail and highway). Transporters of certain classes of explosives, flammable gases and poisonous gases (considered to be the most dangerous) will be banned within a 2.2 mile radius around the capital. Transporters of other hazardous materials will be required to obtain permits from the city to enter the 2.2 radius area.

This legislation comes in reponse to the ongoing threat of terrorism. Former White House Deputy Homeland Security Advisor, Richard Falkenrath was quoted as saying that the dangers posed by an attack on a shipment of a toxic-by-inhalation chemical, such as chlorine gas, is "uniquely severe and acute." He was also quoted as saying the devastation such an attack could bring would "present a mass-casualty terrorist potential rivaled only by improvised nuclear devices, certain acts of bioterrorism, and the collapse of a large occupied building."

The Associated Press reported that Massachusettes Representative Edward Markey indicated other cities will follow Washingtons lead if the Federal Government doesn't issue rerouting regulations. He went on to say, "I expect the D.C. council vote to be the first, but not the last, vote of its kind." In addition to Markey, Arizona's Homeland Security Director was quoted as saying the idea could be, "symbolic and start spreading across the nation." The Wall Street Journal reports that officials in cities in California and the Midwest are also closely watching what's happening in Washington and considering similar measures.

The clear and obvious impact of bans on the transportation of hazardous materials will be to shippers, motor carriers and their drivers, and others directly involved in the manufacturing, sale and distribution of these materials. The potential bans and re-routing requirements could have an even father-reaching impact.

The materials considered among the most dangerous of hazardous materials are used for many important purposes. Among these, chlorine, is an essential element in medicines, military equipment and clean water. Unfortunately, chlorine is also desireable to terrorists. Scientists estimate a catastrophic chlorine release could kill about 100,000 people within a 14-mile span.

The Hazardous Materials Regulations (HMRs) in 49 CFR Part 172.802 require that security plans be updated to reflect changing circumstances. Those responsible for compliance with your company security plan should also be trained on any modifications you make. If we prepared a security plan for your company, please contact us regarding updates. Our security plan consultants can be reached at 1-800-253-5506.

In order to be in compliance with the Federal routing requirements for hazardous materials shipments, it's important that you are familiar with 49 CFR Part 397 of the Federal Motor Carrier Safety Regulations (FMCSRs). If you do not have a regulation manual, or need a more current version, please call us. You should also be knowledgeable about the requirements in 49 CFR Part 177 of the Hazardous Materials Regulations (HMRs). These regulations define additional requirements for the carriage of hazardous materials by public highway.