CWPMA – Note as part of the discussion on SB 23-280 part of the foundation was this forthcoming request. By allowing Haz mat transporters the option to use I-70 we both reduce lane miles and reduce emission not to mention the savings on HOS. Please contact me with any questions,
Grier
Mr. Bernal, and Commissioner’s Tedesco an O’Dorisio
My name is Grier Bailey and I am the Executive Director of CWPMA which is a two state Trade Association that mainly helps out Wholesale and Retailers of Transportation fuels. Along with my colleague Greg Futon, President of the Motor Carriers Association. We would like to request time before the Adams County Commission next month to present a concept for a forthcoming Request for Petition of Hazardous Materials Route change to CDOT for the I-70 central corridor from our Associations.
Background:
Hazardous materials routing is a matter of state law where the Colorado State Patrol is the sole authority for the designation of hazardous material routing in the state. Being a collaborative agency, the State Patrol is required to support and engage in a process where there are both required and recommended elements that must be considered before considering a petition.
In general these conditions are contained in both statute and guidance relative to state highway and interstate by the Department of Transportation and the Department of Public Safety Please see more here: CDOT Site on Hazardous material requests
Further the statutory Authority is contained here:
42-20-301. Route designation.
(1)
(a) The patrol, after consultation with local governmental authorities, has the sole authority to designate which public roads are to be used and which are not to be used by motor vehicles transporting hazardous materials. The patrol shall exercise its authority in accordance with section 42-20-302. Gasoline, diesel fuel, and liquefied petroleum gas are exempt from route designation unless the petitioning authority specified in section 42-20-302 requests their inclusion. The patrol may exempt crude oil from route designation after a request from the petitioning authority.
(2) The patrol may approve route designations only for those materials listed in table 1 of 49 CFR 172.504, in any quantities, and those materials listed in table 2 of 49 CFR 172.504, when carried in quantities of five hundred gallons or more; except that the patrol may not accept or approve route designations for those materials listed in table 2 when packaged in containers of five gallons or less or when packaged as consumer commodities as defined in 49 CFR 173.1200.
(CWPMA note - annotated)
Factors that the Patrol must take into consideration are also outlined here:
42-20-302. Application for route designation - procedure - approval.
(1) Petitions for new route designations or for a change in an existing route designation may be submitted to the patrol no more than once a year:
(a) By a county, with respect to any public road maintained by the county, upon approval of the petition by the board of county commissioners of such county;
(b) By a town, city, or city and county, with respect to any public road located within such town, city, or city and county, including any portion of a county primary road designated pursuant to section 43-2-110 (1.5), C.R.S., that is subsequently annexed by a town or city, upon approval of the petition by the governing body of such town, city, or city and county;
(c) By the department of transportation, with respect to any public road maintained by the state, except for any public road located within a town, city, or city and county, upon approval of the petition by the transportation commission;
(d) By a public highway authority created pursuant to part 5 of article 4 of title 43 with respect to any public highway, as defined in section 43-4-503 (12), that it maintains, either directly or indirectly through a concession agreement or other agreement with a third party, upon approval of the petition by the board of directors of the public highway authority; or
(e) By any governmental entity that is a partner in a public-private partnership with respect to any highway, road, or street that it maintains, either directly or indirectly through a concession agreement or other agreement with a private partner, upon approval by the governing body of the governmental entity.
Again annotated by CWPMA
Some of the considerations that need to occur include again by statute:
(8) No route designation shall be approved by the patrol unless it finds that:
(a) The routes available for the transportation of hazardous materials by motor vehicle:
(I) Are feasible, practicable, and not unreasonably expensive for such transportation;
(II) Are continuous within a jurisdiction and from one jurisdiction to another;
(III) Provide greater safety to the public than other feasible routes; and
(IV) Do not unreasonably burden interstate or intrastate commerce.
(annotated by CWPMA)
The Corridor we are forwarding for your consideration is an interstate highway, as such is under the purview and petitioning authority of CDOT and ultimately the Transportation Commission. However there are a couple of policy directives at CDOT that were developed the last time we made a request... between 2010 and 2012 for state highways in the southeast part of the state. These directives require local outreach and engagement which are supportive of.
Importantly hazardous materials routing can be broadly constructed or narrowly focused based on the needs and risk to the route and community. The I-70 corridor is historically a hazardous and nuclear material route which was removed from the designation based on the structural integrity of the now demolished I-70 viaduct structures. Specifically, because of concerns related to the Washington St. Viaduct. The viaduct was deemed as being structurally deficient and also greatly eroded by rust. The fear was that if the structure failed and a hazardous material truck was on it that there could be a major release in that area.
Why are we bringing this forward now:
The incoming requirement for RFG per federal requirements is going to put an enormous strain on facilities and terminals in Adams County. Due to recent legislation we promoted and supported in the 2023 legislative session: Sb -280 we have learned that Adams County is directly responsible for almost 80 percent of sourced fuel in the state. With the requirement by the EPA of RFG, which we wholly oppose, the reality is that more truck traffic will be required into Commerce City and Adams County generally as secondary supply points will be limited during the ozone non- attainment summer months, construed as June 1st through September 15th at retail per the Clean Air Act. In our view this couldn't come at a worse time for the County and Commerce city as the I 270 reconstructions as well as the Vasquez corridor projects are about to begin and is going to take place during these next years.
Our hope is to have a discussion with Adams County Commissioners and the Commerce City Council to explore support for a petition to CDOT jointly supported by our associations (CWPMA and CMCA) and Commerce City and Adams County which would allow the transport of Petroleum Products Gasoline Diesel and LPG ) at the minimum, through the corridor thereby alleviating freight traffic on the 270 corridor. Importantly the statute allows some additional options including a general hazardous materials products designation as additional option. Outside of this particular part of I-70 (the 270 interchanges at Quebec to I-25) the entirety of the I-70 corridor is currently designated as a full transportation materials corridor. (Excepting the EJMT where there is ongoing work and analysis for potential changes.)
In our view, and for our partners' consideration, it is important to note this will alleviate both VMT and congestion along the 270 corridors as well as associated emissions from those current VMT. We feel like there are both environmental and safety benefits to this proposal and would very much appreciate the opportunity to earn your support.
Grier Bailey
Executive Director
Colorado/Wyoming Petroleum Marketers Association
Greg Fulton
President Colorado Motor Carriers Association