PD-40(R)
PHMSA-2019-0149

The State of North Dakota and the State of Montana

The State of Washington Crude Oil by Rail—Vapor Pressure and pre-notification requirements.

PHMSA finds that the HMTA preempts Washington State's vapor pressure limit for crude oil loaded or unloaded from rail tank cars, for three reasons. First, the vapor pressure requirement constitutes a scheme for classifying a hazardous material that is not substantively the same as the HMR. Second, the vapor pressure requirement imposes requirements on the handling of a hazardous material that are not substantively the same as the requirements of the HMR. Third, PHMSA has determined that the vapor pressure requirement is an obstacle to accomplishing and carrying out the HMTA.

In addition, PHMSA finds that the administrative record regarding Washington State's Advance Notice of Transfer requirement is insufficient to make a determination whether the requirement is preempted under the HMTA.

85 FR 29511 (5/15/20).