Comprehensive Hazardous Materials Transportation Safety Act of 1989 - Amends the Hazardous Materials Transportation Act (the Act) to require the Secretary of Transportation to issue regulations for the safe transportation of hazardous materials in intrastate, interstate, and foreign commerce. Preempts State law with respect to: (1) classification and packaging of hazardous materials; (2) preparation of shipping documents; (3) notification of the unintentional release of such materials in transportation; (4) highway routing; and (5) the design and testing of packaging used in the transportation of such materials. Directs the Secretary to issue standards, including specified requirements, for the designation of highway routes for the transportation of hazardous materials by motor carriers.
Requires each person who owns or operates public warehouses or terminals that store hazardous materials under active shipping papers to submit to the Secretary a registration statement containing specified information. Sets forth certain exemptions from this requirement. Requires the Secretary to collect an annual fee from each person required to submit a registration statement. Sets forth a civil penalty for persons who fail to pay such fee. Limits to no more than five percent of fee collections any proceeds available for administrative costs.
Directs the Secretary to issue standards for the training to be given by all persons (or employers) causing the transport, or transporting, hazardous materials. Requires such persons to provide training meeting such standards.
Prohibits any motor carrier or motor private carrier from transporting class A or B explosives, liquified petroleum or liquified natural gas, or hazardous material designated extremely toxic by inhalation, or any highway route controlled quantity of radioactive materials, unless such carrier possesses a valid safety permit authorizing it to transport such materials. Provides for issuance, suspension, and revocation of such permits.
Repeals the publication requirement for renewal of exemptions from regulations governing the transportation of hazardous materials.
Revises the definition of "radioactive materials" to exclude material which the Secretary determines is of such low order of radioactivity that when transported it does not pose a significant hazard to health or safety.
Directs the Secretary to conduct a continuing review of all aspects of the transportation of hazardous materials and take appropriate steps to assure the safe transportation of such materials. (Currently, the Secretary is required only to recommend such steps.)
Sets forth a civil penalty of not less than $250 in the case of an employee, or $1,000 in the case of all other persons, for violations committed under this Act.
Preempts State requirements with requirements established under such Act if: (1) compliance with both State requirement and any requirement of the Act is not possible; (2) the State requirement as enforced creates an obstacle to the execution of a requirement under this Act; or (3) such State requirement regulates a subject preempted under such Act. Provides for waiver of preemption by the Secretary. Allows a person who is adversely affected by a decision to preempt or waive preemption to petition for judicial review with the appropriate U.S. district court.
Directs the Secretary to issue a final rule prohibiting any motor carrier with an unsatisfactory safety rating from operating certain commercial motor vehicles, including vehicles transporting hazardous materials, until such carrier receives a conditional or satisfactory rating.
Requires the Secretary to make grants to State, local, and regional governmental entities to improve planning for responding to emergencies involving transportation of hazardous materials and for training emergency personnel. Requires a grant applicant to submit to the Secretary a plan describing and justifying the activities to be carried out. Specifies the uses for such grants. Sets forth training requirements.
Requires the Secretary to submit to the Congress a report that discusses, analyses, and provides recommendations with respect to hazardous materials transportation safety.
Requires the Secretary, in cooperation with the Director of the Federal Emergency Management Agency and the Administrator of the Environmental Protection Agency, to assist State, local, and regional governments to improve emergency responses to accidents involving the transportation of hazardous materials.
Directs the Secretary to issue regulations establishing similar emergency and accident response procedures for rail carriers.
Directs the Federal Railroad Administration to hire one professional engineer to specialize in the development of improved tank car specifications, inspections, and regulations.
Directs the Secretary to establish procedures for providing copies of enforcement actions against regulation violators to State or local government officials. Requires the Secretary to employ additional safety inspectors for the Federal Railroad Administration, the Federal Highway Administration, and the Research and Special Programs Administration to assist in inspections focusing on the transportation of hazardous materials.
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the House Committee on Public Works + Transportation.
Referred to the Subcommittee on Transportation and Hazardous Materials.
Field Hearings Held in Cambridge, Ohio, Prior to Introduction (May 5, 89)
Field Hearings Held in San Jose, California, Prior to Introduction (May 15, 89)
Field Hearings Held in Denver, Colorado, Prior to Introduction (Jun 5, 89)
Referred to the Subcommittee on Surface Transportation.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
See H.R.3520.
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