TORONTO, (March 10, 2004) — The Ontario Trucking Association is reminding carriers that travel to the U.S. that beginning July 1, 2004 several changes to the way hazardous materials incidents are reported are scheduled to take effect.

The Research and Special Programs Administration (RSPA) has recently published a final rule that will enable RSPA to collect more specific information and to perform more useful analysis and to determine future program direction. Overall, about 15 data fields have been added to Form 5800.1, which can be obtained from http://hazmat.dot.gov/spills.htm. However some information currently required no longer needs to be included.

The rule requires separate codes to identify what failed, how it failed, and the cause of the failure. An immediate telephone report of certain unintentional releases of hazardous materials must be reported as soon as practical but no later than 12 hours after the release. This report must be made if, as a direct result of the hazardous material, a person is killed or injured; the general public is evacuated for more than an hour, a transportation artery is closed more than an hour; there is a fire, breakage, spillage, or suspected contamination; or there is a release of a marine pollutant in a quantity of 450 litres or 400 kg.

A written report must be made within 30 days by the person in charge of the hazardous materials at the time of the incident occurred and the incident occurred during transportation including loading, unloading and temporary storage. A report is required whenever an immediate telephone report is required to be made; or any unintentional release of hazardous material or hazardous waste.

Reports must also be filed if a specification cargo tank with a capacity greater than 1000 gallons containing hazardous materials suffers structural damage, even if there is no release. Or an undeclared hazardous material is discovered, which means a hazardous material is transported without any indication of the presence of a hazardous material either on a shipping document, or by the presence of a label or placard.

However, unless an immediate telephone report was required, no report is needed if there is a minimal release from an authorized vent; the routine operation of a seal, valve, pump or compressor; or the connection or disconnection of loading or unloading lines provided there is no property damage. Also, if the release is a hazardous material in Class 3, 4, 5, 6.1, 8 or 9 in Packing Group III, providing each package has a capacity less than 30 kg or 20 litres; and the total release is less than 30 kgs or 20 litres; and the material is not an undeclared hazardous material.

The report must be updated within 1 year if a death results; there was a misidentification of the hazardous material or package; the damage or loss was not known at the time the initial report was filed; the damage or loss changes by $25,000 or 10 per cent of the original estimate. Carriers are also required to report a release to Environmental Protection Agency if the release is greater than the Reportable Quantity (RQ) as noted on the Shipping papers.

The complete rule is available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-29597.pdf