NACD Files Comments on Cargo Tank Motor Vehicle Loading and Unloading Operations Proposal

ARLINGTON, Va., June 10, 2011 /PRNewswire-USNewswire/ -- Yesterday, NACD filed comments with U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) expressing concerns about proposed rule HM-247 to require persons involved in the loading and unloading of cargo tank motor vehicles to conduct risk assessments and implement specific operating procedures.

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"While NACD supports the concept of including reasonable standards to address loading and unloading operations in the Hazardous Materials Regulations (HMR), the measures included in HM-247 are far too extensive and prescriptive," wrote NACD Government Affairs Vice President Jennifer Gibson.  

Much of NACD's comments focused on PHMSA's underestimation of the resources and effort it would take for facilities to conduct the risk assessments and implement the operating procedures. "One specific measure that would result in new obligations and compliance costs is the annual employee training and certification, including annual observation and evaluation of each covered employee's performance of covered tasks. Another major example is the risk assessment requirement. This would be doable for a general type delivery. However, the rule could be interpreted that a detailed risk assessment would have to be done for every type of delivery and every type of site condition. A typical chemical distributor has thousands of customers, and many of these companies deliver products to their customers themselves. Completing detailed assessments for every type of site condition would be an impossible task," wrote Gibson.

NACD's comments also provided suggestions to PHMSA for more reasonable approaches to address loading and unloading safety concerns. "Much of HM-247 has merit. For example, a general requirement that the carriers and receivers have documented SOPs, or a simple checklist, would be reasonable.  Also a basic, flexible risk assessment requirement would be reasonable.  It is unreasonable to require a carrier to perform a detailed risk assessment to address each delivery site," said Gibson.

In addition, NACD stated that the training requirements should be consistent with those already in place in the HMR and specifically made the point that it is critical for PHMSA to clearly delineate responsibilities between receiving facilities and delivering carriers.

For a copy of NACD's comments, go to www.nacd.com/advocacy/comments.aspx.  For a copy of the proposed rule, go to http://www.gpo.gov/fdsys/pkg/FR-2011-03-11/pdf/2011-5335.pdf.

NACD and its 390 member companies are vital to the chemical supply chain providing products to over 750,000 end users. They make a delivery every five seconds while maintaining a safety record that is more than twice as good as the safety standards set by DOT. NACD members are leaders in health, safety, security, and environmental performance through implementation of Responsible Distribution, established in 1991 as a condition of membership and is a third-party verified management practice. For additional information on our members, their safety record or NACD, visit www.nacd.com.

SOURCE National Association of Chemical Distributors (NACD)