Tom Ramstack – AHN News Legal Correspondent
Washington, D.C., United States (AHN) – A House subcommittee took on the thorny issue Tuesday of how to transport hazardous materials across the nation without spilling them and without regulating transportation companies out of business.
The House Transportation and Infrastructure subcommittee on railroads, pipelines and hazardous materials is preparing a bill that seeks to make transportation of dangerous chemicals, radioactive materials and other toxins safer.
The subcommittee wants to “ensure the safe transportation of hazardous materials” but also want to avoid “any unnecessary economic barriers or burdens to the industry,” a congressional staff member told All Headline News.
Transportation industry leaders are urging Congress to move cautiously on any new regulatory legislation.
They say they should not need to pay more of their own money to reach higher safety goals.
Instead, the federal government should help pay the added costs of new safety technologies, such as “positive train control” systems that automatically take control of trains when they speed too quickly around corners, encounter obstacles in their paths or confront other hazards.
Other safety devices can track the movement of trucks on highways with global positioning satellites.
Members of the railroads subcommittee, which is chaired by Rep. Bill Shuster (R-Pa.), largely agree more regulation is not the answer.
“I am deeply concerned with the regulatory overreach that cripples our economy, stifles job creation and ties up our nation in red tape,” Shuster said.
Expert witnesses at the congressional hearing Tuesday included the administrator of the U.S. Pipelines and Hazardous Materials Safety Administration, the chairwoman of the American Trucking Association and the director of safety and health for the International Brotherhood of Teamsters.
Concerns raised by transportation company officials include the regulatory procedures used by the Pipelines and Hazardous Materials Safety Administration. A rule change last year allows the agency to institute new regulations without a public notice and comment period.
Transportation industry officials say the new rulemaking procedure gives them too little influence over new regulations. They also complain about an inconsistent pattern of regulations under the new procedure.
Cynthia L. Quarterman, administrator of the Pipelines and Hazardous Materials Safety Administration, defended the agency’s new procedures.
“As a result of our actions, we had a banner year in fiscal year 2010, with the lowest number of hazardous materials incidents in recorded history,” she said.
Her claims were disputed by David W. Boston, a representative of the trade group Institute of Makers of Explosives, who said in his testimony that the Pipelines and Hazardous Materials Safety Administration’s “actions lack transparency and predictability and have increased costs with no corresponding safety benefit.”
The railroads subcommittee is struggling with improving hazardous materials transport safety at a time other members of Congress say transportation programs cannot expect more government funding.
Republicans won deep cuts in a budget compromise last week that narrowly averted a government shutdown. They are promising even deeper cuts in the next fiscal year budget as they struggle to cut the nation’s $14 trillion deficit.
Transportation funding is among the programs on the fiscal chopping block.
A recurring issue for the railroads subcommittee has been the national security implications of hazardous materials transport.
For years, congressional and major city officials have been dealing with how to avoid a well-placed terrorist bomb or missile striking a truck or train transporting radioactive material or dangerous chemicals, such as chlorine.
So far, their regulatory answer has been a requirement that trains and trucks carrying the hazardous materials avoid large urban areas. The transportation companies say diverting their vehicles drives up their costs, which get passed on to their customers and eventually hurt the economy.
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