PHMSA Now Drafting Crude-by-Rail Final Rule

Secretary of Transportation Elaine Chao this month updated Congress on the progress of PHMSA’s rulemaking “Hazardous Materials: Oil Spill Response Plans for High-Hazard Flammable Trains,” also known as HM-251B.

According to Secretary Chao’s letter, identical copies of which were sent to leaders of relevant House committees, PHMSA received about 131 comments on its proposal to expand comprehensive oil spill response plans (OSRP) requirements to railroads that transport HHFTs.

Earlier this year, we named PHMSA’s new oil spill response plan rules for HHFTs—trains that carry 20 cars of a Class 3 flammable liquid in a continuous block or 26 or more such cars across the entire train—among our top hazmat rules to watch in 2018.

PHMSA’s semiannual Agenda of rulemaking activities, released in December, predicted a Final Rule would be ready by July 2018. In the Secretary’s latest update to Congress, required under the Fixing America’s Surface Transportation Act or FAST Act, she states that the Final Rule is still expected in Fiscal Year 2018.

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Tags: crude, hazmat shipping, new rules, oil, PHMSA, rail shipping