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US DOT Proposes Rule Regarding the Safe Transportation of Liquefied Natural Gas by Rail; Comments Due December 23, 2019

On October 18, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA), together with the Federal Railroad Administration (FRA) (both agencies of the US Department of Transportation (DOT)), issued a Notice of Proposed Rulemaking (NPRM) regarding the transportation of liquefied natural gas (LNG). See 84 Fed. Reg. 56,964 (Oct. 24, 2019) and PHMSA Docket. No. PHMSA-2018-0025 (HM-264) (Hazardous Materials: Liquefied Natural Gas by Rail).

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Washington State Crude-by-Rail Law Raises Preemption Questions

The boom in Bakken crude oil production – and the infrequent but serious crude-by-rail accidents associated with it – have led to a corresponding effort by the State of Washington to prohibit the transportation of crude oil through the state. This effort cumulated in the passage of Washington’s Engrossed Substitute Senate Bill 5579 (“Crude Oil By Rail—Vapor Pressure”), which went into effect on July 28, 2019. Under this law, only crude oil with a maximum vapor pressure of 9 psi may be loaded in or unloaded from railroad tank cars within the State. The practical effect of this vapor pressure cap has been to significantly reduce the transportation of Bakken crude into Washington for refining.

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PHMSA Announces the Award of Pipeline Safety and Hazardous Materials Safety Grants

On September 20, 2019, DOT announced the award of over $34,300,000 in awards to enhance pipeline and hazardous materials safety. A PHMSA press release explained that the grants will support states, territories, local governments, tribal entities, emergency responders, universities, and non-profit organizations, to support various state and local safety programs.

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2019 May - June Highlights: HazMat

PHMSA Public Meeting Will Solicit Input for 2020 Emergency Response Guidebook

 

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