DEPARTMENT OF PUBLIC SAFETY
DIVISION OF STATE PATROL

EMERGENCY RULES AND REGULATIONS
CONCERNING THE
ROUTING & TRANSPORTATION OF HAZARDOUS AND 
NUCLEAR MATERIALS CONTEMPORANEOUS TO THE DEMOCRATIC NATIONAL CONVENTION, IN DENVER, COLORADO, AUGUST 25 - 28, 2008

FINDINGS OF EMERGENCY AND STATEMENT OF REASONS FOR
EMERGENCY ADOPTION
STATEMENT OF BASIS, STATUTORY AUTHORITY, AND PURPOSE

Pursuant to §42-20-108 (1) and (2), C.R.S., the Chief of the Colorado State Patrol has the authority to promulgate rules and regulations for the routing and safe transportation of hazardous materials by motor vehicle within the State of Colorado. Pursuant to §§42-20-403, 504 and 508, C.R.S., the Chief of the Colorado State Patrol has the authority to promulgate rules and regulations for the routing, and safe transportation of nuclear materials by motor vehicle within the State of Colorado. 

These rules are being adopted to accommodate the security concerns raised by the transport of hazardous and nuclear materials in the vicinity of Democratic National Convention venues in Denver, Colorado.   

It has been declared by the General Assembly that the routing and transportation of vehicles transporting hazardous and nuclear materials is a matter of statewide concern.  Those concerns are particularly acute during National Security Special Events like the Democratic National Convention. For these reasons, the immediate adoption of these rules is imperatively necessary for the preservation of the public health, safety, and welfare during the Democratic National Convention in Denver, Colorado, August 25, 2008, through August 28, 2008.  Further, compliance with the requirements of §24-4-103, C.R.S., would be contrary to the public interest.

                                                                  	   	   ____________________                                         
COLONEL MARK. V. TROSTEL	        		   Date of Adoption
Chief, Colorado State Patrol

DEPARTMENT OF PUBLIC SAFETY
DIVISION OF STATE PATROL

EMERGENCY RULES AND REGULATIONS
CONCERNING THE ROUTING & TRANSPORTATION OF HAZARDOUS AND 
NUCLEAR MATERIALS CONTEMPORANEOUS TO THE DEMOCRATIC NATIONAL CONVENTION IN DENVER, COLORADO, AUGUST 25 - 28, 2008. 

AUTHORITY

The Chief of the Colorado State Patrol is authorized by the provisions of §42-20-108 (1) and (2), C.R.S., and §§42-20- 403, 504 and 508, C.R.S., to promulgate rules and regulations for the  routing and safe transportation of hazardous and nuclear materials by motor vehicle within the State of Colorado, both in interstate and intrastate transportation. 

APPLICABILITY AND EFFECTIVE PERIOD (AUGUST 23 - 30, 2008)

These rules and regulations shall apply to all persons who may transport hazardous or nuclear materials by motor vehicle over the public roads of Colorado contemporaneous to the Democratic National Convention in Denver, Colorado. The rules will be in effect from 12:01 AM on August 23, 2008, through 11:59 PM on August 30, 2008, and are to be read in concert with the more general rules regarding the routing and transportation of hazardous materials and nuclear materials set forth in 8 CCR 1507-25.    

DNC EMERGENCY ROUTING RESTRICTIONS

A.	Through shipments of hazardous materials being transported by motor vehicle, in quantities that are required to be routed, are restricted from traveling on Southbound Interstate 25 from its junction with Interstate 76 to its junction with Interstate 225.

B.	Through shipments of hazardous materials being transported by motor vehicle, in quantities that are required to be routed, are restricted from traveling on Northbound Interstate 25 from its junction with Interstate 225 to its junction with Interstate 76.  

EMERGENCY ROUTING FOR SHIPMENTS OF HAZARDOUS MATERIALS BEING TRANSPORTED BY MOTOR VEHICLE IN QUANTITIES REQUIRED TO BE ROUTED

A.	Southbound I-25 – (Through Shipments):  Interstate 25 (Southbound) to Interstate 76 (Westbound), Interstate 76 to Interstate 70 (Westbound), Interstate 70 to C470 (Southbound), C470 to Interstate 25 (Southbound).

B.	Northbound I-25 (Through Shipments):  Interstate 25 (Northbound) to Interstate 225 (Eastbound), Interstate 225 to Interstate 70 (Westbound), Interstate 70 to Interstate 270 (Westbound), Interstate 270 to Interstate 25 (Northbound).

C.	Westbound I-70 to Southbound I-25 (Through Shipments):  Interstate 70 (Westbound) to Interstate 225 (Southbound), Interstate 225 to Interstate 25 (Southbound).

D.	Eastbound I-70 to Southbound I-25 (Through Shipments):  Interstate 70 (Eastbound) to C470 (Southbound), C470 to I-25 (Southbound).

EXISTING ROUTING (EMERGENCY ROUTES NOT REQUIRED)

A.	Westbound I-70 to Northbound I-25 (Through Shipments):  Comply with existing routing requirements.

B.	Eastbound I-70 to Northbound I-25 (Through Shipments):  Comply with existing routing requirements.

C.	Westbound I-70 (Through Shipments):  Comply with existing routing requirements.

D.	Eastbound I-70 (Through Shipments):  Comply with existing routing requirements.

EMERGENCY ROUTING FOR NUCLEAR SHIPMENTS

A.	The Department of Energy (DOE) has agreed that it will not transport Highway Route Controlled Quantities (HRCQ) shipments of nuclear materials through the Denver Greater Metropolitan Area while these rules are in effect (August 23 - 30, 2008).

B.	DOE has agreed that Waste Isolation Pilot Plant (WIPP) Program shipments will be required to use the following emergency nuclear route for shipments of Remote Handled (RH) and Contact Handled (CH) TRANSURANIC Waste to the WIPP site in Carlsbad, New Mexico, while these rules are in effect (August 23 - 30, 2008).

C.	Southbound I-25 Shipments:  Interstate 25 (Southbound) to Interstate 270 (Southbound), Interstate 270 to Interstate 70 (Eastbound), Interstate 70 to Interstate 225 (Southbound), Interstate 225 to Interstate 25 (Southbound).

ROUTING VARIANCES

It is especially important that while these rules are in effect (August 23 - 30, 2008) carriers remain on the designated routes except to make local pickups and deliveries and in cases of emergency conditions which would make continued use of the designated route unsafe, or to refuel, or when the designated route is closed due to road conditions, road construction, or maintenance operations.  When making local pickups and deliveries or when refueling, carriers shall minimize the distance traveled on non-designated routes.  

CARRYING OF PERMIT AND SHIPPING PAPERS 

A.	§42-20-203, C.R.S., requires that any person transporting hazardous materials that require placarding under 49 CFR, parts 172 and 173 in this state shall carry a copy of the shipping papers required on 49 CFR, Part 172.200 and a copy of the hazardous materials transportation permit in the transporting motor vehicle while in this state.   A copy of the hazardous materials transportation permit need not carried by the person transporting if its possession can be electronically verified by an enforcement official at the time of the contact. 

B.	In light of the increased security concerns relating to the DNC, divergence from designated routes by motor vehicles transporting placarded quantities of hazardous materials will be under increased scrutiny by enforcement officials.  Thus, the importance of being in possession of the required hazardous materials transportation permit and shipping papers cannot be over emphasized.  

PUBLICATIONS AND RULES INCORPORATED BY REFERENCE

A.	All publications and rules adopted and incorporated by reference in these regulations are on file and available for public inspection by contacting the officer in charge of the Colorado State Patrol, Troop 8-C, Hazardous Materials Transport Safety and Response, 15065 S. Golden Rd., Golden, Colorado 80401-3990. This rule does not include later amendments to or editions of any materials incorporated by reference. All publications and rules adopted and incorporated by reference in these regulations may be examined at any state publications depository library.

B.	Additionally, these rules are available on the Internet, and can be found at the following address: Http://csp.state.co.us/hazmat.cfm.