Trucking, railroads and shippers urged Congress to give the Department of Transportation primary jurisdiction over hazardous materials transportation. However, the proposal drew fire from the AFL-CIO and the Research and Special Projects Administration.
Controversy about the jurisdiction over hazardous material transportation helped stall reauthorization last year of the 21-year-old Hazardous Materials Transportation Act.
Trucking has a major role in the debate. According to DOT, motor carriers handle 94% of the transport of hazardous materials, which comes out to 275 million shipments annually.
Shippers and carriers want language in the current law strengthened to clarify DOT’s pre-eminence in regulating hazardous materials transportation. When the law was last amended in 1990, a typographical error watered down DOT’s authority while expanding that of OSHA.
Cynthia Hilton, executive director of the Association of Waste Hazardous Materials Transporters, said the current law is vague, resulting in duplicative and inconsistent regulation that confounds shippers and carriers who attempt to comply.
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