THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
PROPOSED NON-RADIOACTIVE HAZARDOUS MATERIAL ROUTE
FREQUENTLY ASKED QUESTIONS
1.
What is the Massachusetts Department of Transportation’s
(“MassDOT”) role in designating a Non-radioactive hazardous
material (“NRHM”) route?
Under federal law, MassDOT is the state routing agency with
responsibility for ensuring that all NRHM routing designations comply
with the federal routing standards. MassDOT must resolve all
conflicts among hazardous materials routes and approve all
hazardous materials routing designations under the federal
regulations.
2.
What are the federal standards for identifying an NRHM route?
These federal routing standards for establishing, maintaining or
enforcing specific NRHM routing designations over which NRHM may
or may not be transported include, among others, enhancement of
public safety, public participation, consultation with others, through
routing, agreement of other states (where applicable) and burden on
commerce, timeliness, reasonable routes to terminals and other
facilities, responsibility for local compliance, and 13 additional factors
which include, among others, population density, type of highway,
types and quantities of NRHM, emergency response capabilities,
results of consultation with affected persons, exposure and other risk
factors, terrain considerations, continuity of routes, alternative routes,
effects on commerce, delays in transportation, climatic conditions,
and congestion and accident history.
3.
Why is the NRHM through route for the City of Boston being
updated?
Before the construction of the CA/T (Big Dig) tunnels, the hazmat
route used the former elevated Interstate 93 through the center of
(updated: September 6, 2011)
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THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Boston, except for a short segment that routed around the former
Dewey Square tunnel. Since that time, the City's population, activity
centers and roadway infrastructure have changed. Following the
CA/T Project, a surface route using surface roadways and City
streets was implemented because state regulations prohibit the
transportation of hazmat cargoes through the CA/T Tunnels. In 2008,
both the American Trucking Association (“ATA”) and the former
Massachusetts Department of Highways (now, MassDOT) petitioned
the Federal Motor Carrier Safety Administration (“FMCSA”) for a
determination of whether the regulatory system adopted by the City of
Boston controlling the transportation of hazardous materials was
consistent with federal law. In 2009, the FMCSA issued a preemption
determination concluding that the City of Boston’s hazmat
route/process violated the federal routing requirements because the
City had not followed the federal risk analysis criteria for hazmat
routing or been subject to appropriate public comment and approval.
The FMCSA directed the City to conduct a risk analysis on alternative
hazmat routes and follow federal law on public participation and
routing agency approval.
4.
What is the proposed NRHM routing designation? How was this
route selected?
Under the proposed NRHM routing designation, the City of Boston
would restrict all hazmat through travel in the downtown area of the
City, directing those hazmat trucks onto Rt. 128. Only destination or
point of origin shipments in the City would be permissible, subject to
additional time of day and permit restrictions. A routing designation
includes any regulation, limitation, restriction, curfew, time of travel
restriction, lane restriction, routing ban, port-of-entry designation or
route weight restriction, applicable to NRHM over a specific highway
route or portion of a route. The City performed a risk analysis utilizing
49 C.F.R. § 397.71 and the Federal Highway Administration’s
(“FHWA”) Highway Routing of Hazardous Materials, Guidelines for
Applying Criteria to Designate Routes for Transporting Hazardous
Materials, Publication No. FHWA-HI-97-003 (FHWA 1996) as
guidance. The risk analysis evaluated and characterized
approximately 20 routes, concluding that the routes through
(updated: September 6, 2011)
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THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
downtown Boston are significantly higher in risk than travel on the
proposed beltway route.
5.
How is the best non‐radioactive hazardous materials route
identified?
The primary measure is that any new recommended route must
significantly reduce risk. The FMCSA and the FHWA outline a
number of standards as well as risk factors that guide the community
through the route identification process. As well as risk reduction, the
standards call for public involvement, reasonable routing that does
not unreasonably burden commerce and intergovernmental
cooperation, among others. Factors include population and
employment densities, roadway classification, effects on commerce,
emergency response capabilities and terrain, among others. These
standards and factors are used by communities to determine the best
route.
6.
What is the Federal Motor Carrier Safety Administration
(“FMCSA”)? What is its role?
The FMCSA was established as a separate administration within the
U.S. Department of Transportation on January 1, 2000, pursuant to
the Motor Carrier Safety Improvement Act of 1999. Among other
things, the FMCSA enforces the Hazardous Materials Regulations,
which are designed to ensure the safe and secure transportation of
hazardous materials. These rules address the classification of
hazardous materials, proper packaging, employee training, hazard
communication, and operational requirements. MassDOT will provide
information identifying, dating, and describing the final NRHM route to
the FMCSA. The FMCSA will then make this information available
through publication in the Federal Register.
(updated: September 6, 2011)
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THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
7.
What are the specific materials that these hazmat trucks will be
carrying? What exactly is NRHM?
In the greater Boston area the great majority of the non‐radioactive
hazardous materials being transported on the roads are carrying
Class 3 (flammable) materials – i.e., gasoline, diesel fuel, and fuel oil.
NRHM is defined as a non-radioactive hazardous material
transported by motor vehicles in types and quantities which require
placarding, pursuant to Table 1 or 2 of 49 C.F.R. 172.504. These
hazmat cargoes are transported on the interstate system and along
the proposed through route using I-93 and I-95.
Summary of Hazardous Material Classes and the Hazardous
Characteristic
Hazard
Class
Number
1
2
3
4
5
6
7
8
9
8.
Hazardous Class Name
Explosives
Flammable, Non-Flammable, and Toxic Gases
(Corrosive in Canada)
Flammable Liquids (Combustible in US)
Flammable Solids
Oxidizers and Organic Peroxides
Toxic Materials and Infectious Substances
Radioactive Materials
Corrosive Materials
Miscellaneous Dangerous Goods
Do the routing regulations specify that interstate highways are
preferred?
For NRHM, the regulations do not specify any preference for use of
interstate highways. The decision to select a route other then the
most direct through route is based on risk and other factors but not
highway type unless physical limitations such as narrow roadways
would prevent safe travel for hazmat trucks. Relative route risk is the
most important factor when comparing an alternative route to the
(updated: September 6, 2011)
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THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
most direct through route To recommend the alternative route over
the most direct route, the regulations state that the risk has to be at
least1.5 times higher. The FMCSA process for NRHM routing does
not include a stated preference for use of interstate highways.
9.
Why not use the I-93 tunnel?
In the routing regulations, 49 CFR 397.67, in addition to following the
hazmat routes specified by the State, political subdivision or Indian
Tribe, the motor carrier must operate the vehicle over routes which do
not go through or near heavily populated areas, places where crowds
are assembled, tunnels, narrow streets or alleys, except when the
carrier determine that no other feasible alternative exists or that a
deviation is necessary because of an emergency.
Thus, the
hazardous material carrier is generally prohibited under federal
regulations from using the tunnel. Under existing state regulations,
Massachusetts has already designated the I-93 and related CA/T
harbor tunnels in Boston as restricted routes prohibiting their use for
the transportation of hazardous cargoes.
10.
What kinds of hazardous materials routes may a state establish?
There are two principal types of routing designations:
"designated"/"preferred"
routes
and
"restricted"
routes.
Designated routes are those highway routes on which NRHM must
be transported. Restricted routes are those highway routes on
which NRHM may not be transported. In addition, states have
designated "preferred" routes (49 CFR 397.103) for shipments of
"Highway Route Controlled Quantity" (HRCQ) Class 7 radioactive
materials, but in some cases preferred routes have been designated
for other NRHM hazmat classes. Preferred routes are routes which
are to be utilized for shipments of HRCQ radioactive materials to
minimize risk, typically designated alternative, interstate bypass or
interstate beltway highways. A restricted or designated route could
also be restricted or designated for only one or more specific types or
classes of hazmat.
Finally, some states have designated
"recommended" routes for NRHM. According to a 2008 report by
Battelle done for the FMCSA, there are about 760 hazmat routes
(updated: September 6, 2011)
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THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
designated in the United States. Of these, about 30 percent or 226
were created after the November 1994 routing regulations were in
place.
This means that the majority of hazmat routes were
established without the use of the FMCSA's 1994 routing regulations.
The great majority of designated hazmat routes in the United States
have been designated for through shipments, those with no origin or
destination within a given jurisdictional area.
11.
Who makes the final decision on where the route will go?
As specified in the federal regulations, specifically 49 CFR Part
397.65, MassDOT is the “routing agency” that approves any NRHM
routing designation in the Commonwealth. The City of Boston and its
expert hazardous materials transportation consultant, Battelle
Memorial Institute, completed a technical analysis evaluating the
comparative risk of alternative through routes. Working cooperatively
with MassDOT (as the designated routing agency for the State), the
City has proposed a new hazmat through route using I-93 and I-95
around the City. As the designated state routing agency, MassDOT
must review the proposed routing analysis to ensure that it meets the
FMSCA routing criteria provided in 49 C.F.R. § 397.71. Sixty days
before approving any NRHM route, the agency must provide notice to
officials responsible for routing in other affected States, give 30 days
notice to the public of the proposed routing designation, provide a 30
day comment period and may hold public hearings to receive
additional comments. MassDOT will review the testimony and
comments received. Once it has completed its review of the
recommended routing designation following the public hearings, a
non‐radioactive hazardous materials route designation will be
adopted by the MassDOT.
12.
How do I submit my comments or concerns regarding the
proposed NRHM route?
All written statements and other exhibits in place of, or in addition to,
oral statements made at the Public Hearings regarding the proposed
undertaking are to be submitted to Thomas F. Broderick, P.E., Acting
(updated: September 6, 2011)
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THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Chief Engineer, MassDOT, 10 Park Plaza, Suite 4160, Boston, MA
02116, ATTN: BOSTON HAZMAT ROUTE. Such submissions will
also be accepted at the Public Hearings. Mailed statements and
exhibits intended for inclusion in the public hearing and comment
record must be postmarked within ten (10) business days of
September 23, 2011. All comments may also be emailed to
bostonhazmat@state.ma.us.
13.
Has the impact on environmentally sensitive areas been
considered?
Yes. The City’s routing evaluation, as required by the federal
regulations, identified several environmentally sensitive areas along
the proposed route alternatives, including watersheds, major aquifers
and reservoirs, and wetlands. Among other things, the report found
that “a spill along an alterative route to a surface water supply
reservoir is potentially a significant environmental impact. A reservoir
cannot necessarily be shut off if it is critical for supplying drinking
water. Although impacts may be attenuated downstream or down
gradient via dilution, etc. it may not be possible to quickly clean up a
major spill within a roadside reservoir… [and a] shutdown of the
reservoir pending cleanup could be a significant issue for a
community.”
14.
What are the credentials of the drivers of these hazmat trucks?
Commercial motor vehicle operators transporting material that has
been designated as hazardous under 49 U.S.C. § 5103 and which is
required to be placarded under Subpart F of 49 C.F.R. Part 172 must
have a Commercial Driver’s License (“CDL”) with a valid hazardous
material endorsement on their CDL. To obtain the hazardous material
endorsement a driver must (i) pass the Transportation Security
Administration's Security Background Check and (ii) take and pass
the Hazardous Materials Endorsement exam. Driver training under 49
C.F.R. Parts 172.700 and 177.816 includes pre-trip safety
inspections, operation of emergency equipment, loading and
unloading of materials/procedures, and special vehicle handling (i.e.,
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THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
fluid-load surges). Motor carriers may also be required to obtain a
hazardous waste transporter license from the Massachusetts
Department of Environmental Protection Bureau of Waste Prevention
in accordance with the Massachusetts Hazardous Waste Regulations
as well as registering with the Pipeline and Hazardous Materials
Safety Administration (“PHMSA”) in accordance with 49 C.F.R.
107.601.
15.
Can we limit the speed limit on these trucks on the highway?
All NRHM carriers must follow the prescribed legal speed limit for the
jurisdictions in or through which the hazmat vehicle is being operated.
Every vehicle containing hazardous material must be driven and
parked in compliance with the laws, ordinances, and regulations of
the jurisdiction in which it is being operated, unless they are at
variance with specific regulations of the U.S. Department of
Transportation which are applicable to the operation of that vehicle
and which impose a more stringent obligation or restraint.
16.
To what extent will hazmat carriers be permitted in Boston? For
example, the City’s proposed route has trucks from Chelsea and
Everett coming through Charlestown, a Boston neighborhood.
Also, if a tanker from Quincy is going to Brookline, will it be able
to pass through Dorchester and Roxbury?
The proposed ban only affects the through-transportation of NRHM
material in the downtown area of the City of Boston. The “Downtown
Area” is defined as “the area bounded by and including
Massachusetts Avenue at the Mass. Ave. Entrance Ramp to the
Southeast Expressway, the Southeast expressway to the Kneeland
Street Ramp, along Kneeland Street to Atlantic Avenue then along a
line following the waterfront to the Charles River, along the Charles
River to Massachusetts Avenue to Mass. Ave Entrance Ramp to the
Southeast Expressway ….” BOSTON REGULATIONS § 5.03 (1980). The
through transportation of hazardous material through non-downtown
areas such as Charlestown, Dorchester, and Roxbury is permitted
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THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
subject to applicable City regulations, ordinances, and individual
motor carrier routing obligations (See 49 C.F.R. § 397.67).
17.
Who responds
emergency?
to
a
non‐radioactive
hazardous
material
Local public safety departments and the Massachusetts Department
of Fire Services (“DFS”) respond to NRHM emergencies. The City’s
routing evaluation, measured the relative risk and hazmat response
capabilities for the various routes. The Massachusetts Department of
Fire Services operates the state hazmat system that provides primary
hazmat emergency response services to the entire Commonwealth
with the exception of Boston and Cambridge. Route 128 (I-95)
traverses three hazmat districts; each district is staffed by 45
firefighters trained as hazmat technicians. These firefighters serve on
an “on-call basis” as members of the hazmat team in each district.
These districts include the: southeast, northeast and metro Boston.
The Department of Fire Services maintains three types of units.
These include the Technical Operations Modules (“TOMs”), Hazmat
Squads, Operational Response Units (“ORUs”) and Tactical Support
Units (“TSUs”). The ORUs are the source of mitigation equipment
although they can perform rescues. They are trained and have
equipment to stop a release and prepare a site for clean-up. The
TSUs carry both detection and mitigation equipment. One TSU is
located in Natick to the west of the 128 alternative hazmat route. The
hazmat teams can have detection equipment on the scene of an
incident within thirty minutes and have a team operational within 60
minutes; however, TOMs and Hazmat Squads can be in a high
population area of the state within 30 minutes. This includes all of the
hazmat routes under consideration outside of Boston and
Cambridge. Boston and Cambridge both have professional hazmat
response teams within their respective fire departments that will
respond to hazmat transportation incidents within their jurisdictions
and each has mutual aid agreements with the Metrofire mutual aid
network, for coordinated incident response efforts in other
communities, as needed.
(updated: September 6, 2011)
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