Yesterday we reviewed the top 10 hazardous materials (hazmat) violations that are showing up this year. Nine of the top 10 hazmat violations in fiscal year (FY) 2016 have shown up as part of the top 10 so far in FY 2017. However, one violation that crept to number 10 this year concerns state and local laws and regulations. Compliance with state and local laws and regulations may become increasingly important since the Trump administration’s stated intent is to relax federal enforcement.
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When do Department of Transportation (DOT) roadside inspectors think you are not obeying state or local hazmat transportation regulations?
The Federal Motor Carrier Safety Administration (FMCSA) regulations for hazmat transportation require that motor vehicles containing hazmat be driven and parked in compliance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. The only exception is if the local laws or regulations are at variance with specific, applicable DOT regulations that impose a stricter obligation or restraint. As with most laws and regulations, the stricter or strictest rule applies in the jurisdiction in which you are operating. This means that shippers and carriers of hazmat in transportation must be familiar with numerous state and local regulations.
Some states have much stricter hazmat transportation regulations than the federal. The same report that lists the top 10 federal hazmat violations also shows the violations by state. In California, for instance, the top hazmat violation uncovered in roadside inspections so far in FY 2017 is the violation of state or local laws, ordinances, or regulations.
All states adopt the federal hazmat regulations for motor carriers, but a number have stricter or additional regulations. Let’s take a look at a few states that have stricter hazmat motor carrier transportation requirements as examples of myriad regulations hazmat shippers and carriers must be aware of. Some of the stricter requirements have to do with fear of particular substances or events such as hurricanes.
Note: Many states have additional notification requirements in the event of a hazmat spill. In these cases, you usually must notify local and/or state authorities.
Alabama
Alabama follows the federal hazmat motor carrier rules. However, if you are driving a hazmat load through Alabama, in addition to stopping at railway crossings, you must also stop at highway crossings and drawbridges. Cargo tanks used to carry hazmats must stop at railway and highway crossings and drawbridges, even if they are empty.
California
California has perhaps the most state-specific hazmat regulations. Its stricter regulations pertain to licensing, routing, inspections, and training. The state also has stricter provisions for the transportation of explosives, inhalation hazards and poisonous gases, and radioactive materials.
Colorado
In addition to adopting the federal hazmat transportation requirements for motor carriers, Colorado has state-specific permit and notification requirements and prohibitions on longer vehicle combinations and abandonment.
Georgia
Georgia has additional hazmat transportation requirements for liquid natural gas, polychlorinated biphenyls, and certain radioactive materials.
Michigan
Michigan has adopted the federal hazmat regulations as they apply to motor carriers. In addition to other state-specific requirements, Michigan has unique requirements for the transportation of combustible liquids and gases and bulk flammable liquids and gases.
Pennsylvania
One of the state-specific regulations concerning hazmat transportation in Pennsylvania is a prohibition against transporting hazmat when the load extends beyond the sides, front, or rear of the cargo-carrying compartment of the vehicle.
Washington
In Washington, no interstate carrier of radioactive waste material will be allowed to enter any radioactive waste materials disposal site without displaying a certificate of inspection form issued by the Washington State Patrol for that particular load.
National Uniform Program
Five states (Michigan, Nevada, Ohio, Oklahoma, and West Virginia) participate in the Alliance for Uniform Hazmat Transportation Procedures, aka the National Uniform Program. This program allows a hazmat transporter to carry a Uniform Program credential that will be valid in all participating states. This means that the permit credentials of transporters that originate, pass through, or are destined for locations in participating states will be honored.
The National Uniform Program is designed to promote safety through increased compliance with a single set of registration and permitting requirements versus the existing myriad state programs. However, states don’t appear to be jumping toward the program. In fact, two states previously in the program, Illinois and Minnesota, have left.