Haz-Mat Transportation Being Regulated in Boston
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JOHN R. CASHMAN
The transportation of certain hazardous materials through the streets of Boston is being regulated by the fire department. Because of a high level of interest in this type of local regulation, and because of various challenges from the trucking associations and the United States Department of Transportation (DOT), Boston has become a focal point of attention.
Boston’s regulation prohibits the movement of dangerous chemicals through the city when there is neither a point of origin nor delivery point within the city. Also restricted is weekday use of city streets in the downtown between 6 a.m. and 9 p.m.
The regulations apply to bulk transportation of large quantities of LNG, LPG, liquefied hydrogen, a number of flammable liquids and solids, and to any quantity of certain explosives, poisonous gases and radioactive materials.
Written primarily by the fire department, the regulations were first published on Dec. 15, 1980, and implemented the following March 2. One day later, the city was served with a United States District Court temporary restraining order blocking implementation. of the regulations. The order was obtained by representative trucking associations.
DOT also questioned the advisability of every city having its own regulation, thus confusing transporters and possibly causing their cargoes to remain even longer in transit.
Restraining order lifted
On April 6,1981, the city was back in federal court on another motion for a temporary injunction, also brought by the trucking association. At that hearing, Boston successfully defended against the court challenge, and the temporary restraining order was lifted for the major portion of the regulations.
Edward V. Clougherty, possibly the only full-time chemist employed by any fire department in the country, has been deeply involved in the development of Boston’s regulations.
“The geographic location of the city presents a unique situation,” says Clougherty. “Located on the coast, downtown Boston is bisected north and south by Interstate Highway 93. The Massachusetts Turnpike (1-90) enters from the west and deadends with 1-93, close to the heart of downtown. Thus, traffic passing through Boston from the north, west or south has to go through the downtown section of the city, including the very busy Quincy Market area. Because of a unique road pattern downtown where truck traffic has to leave the Interstate to avoid a 250-foot tunnel and travel on city streets for 300 feet in one area, plus an additional short distance in another area, carriers ot hazardous cargoes find themselves in one of the most densely populated areas and one of extremely high traffic.
Variety of cargoes
“A further aspect of hazardous materials transportation within the City of Boston is the variety and amount of such cargoes brought through the city,” adds Clougherty. “Boston is bordered on the north by the cities of Everett and Chelsea. Everett is one of the major LNG port facilities on the East Coast, as well as an LPG port facility. Chelsea, Everett and parts of East Boston contain large gasoline and other fuel handling facilities. In addition, Boston has within its own city limits a major LNG storage facility, an area south of downtown in the Dorchester section known as Commercial Point. A great number of LNG trucks, anywhere from 3000 to 4000 a year, move from the Port of Everett through the heart of the city to the storage facility at Commercial Point.
“The Interstate highway, of course, is not a city street and therefore we have no authority on it. However, because the trucks have to come off the Interstate to avoid a tunnel, they come onto Boston streets in the center of the city where we do have jurisdiction.
Police cooperation
“We have been enforcing the regulations jointly with the Boston Police Department,” continues Clougherty. “By having a joint police and fire group on the street we can stop vehicles, control traffic if necessary, look at bills of lading, identify drivers and generally check for conformance with the regulations.
“Initially, there was a certain amount of surveillance work. We would go out at six in the morning and stay until eight, noting the type of traffic coming through. We sent out notices to companies we noted that had not yet applied for a permit and provided information on how they should apply. If a company had a permit but was in violation, such as being on the road in the downtown area at 7:30 a.m., we sent them a notice stating that they were subject to fines and revocation of their permit. This initial surveillance was merely an observation of moving vehicles, observation of placards, etc. We attempted to distinguish between trucks carrying gasoline, which was regulated, and trucks carrying fuel oil, which was not regulated, by bottom-loading or by our knowledge of the companies operating such vehicles. We did see a few propane trucks and are currently attempting to address this problem. Generally, however, we have good cooperation from the affected parties.
“The non-local ban in particular, affecting loads other than flammable liquids not originating or terminating within the city, has had very noticeable effect. Prior to installation of the regulations, a large quantity of LNG and propane went through the city. The LNG has stopped. There is no LNG going through the city now except that going to the Dorchester facility within the city.” □ □
