PD-8, 9, 10, 11 (R) "Four-Pack": California statute re storage and handling of hazardous materials
State: California and Los Angeles County, CA
Decision: 60 FR 8783 (February 15, 1995)
Petition for Reconsideration: Filed
Final Decision: 80 FR 70874 (November 16, 2015)
PHMSA finds that that Federal hazardous material transportation law does not preempt California and Los Angeles County requirements on (1) the unloading of hazardous materials from rail tank cars by a consignee and (2) the consignee's on-site storage of hazardous materials following delivery of the hazardous materials to their destination and departure of the carrier from the consignee's premises or private track adjacent to the consignee's premises.
| PD and Docket Number Applicant | Subject | Ruling | Decision |
|---|---|---|---|
"Four-Pack" PD-9(R) PD-8, 10, 11(R) | California & Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials | Federal hazardous material transportation law does not preempt California and Los Angeles County requirements on (1) the unloading of hazardous materials from rail tank cars by a consignee and (2) the consignee's on-site storage of hazardous materials following delivery of the hazardous materials to their destination and departure of the carrier from the consignee's premises or private track adjacent to the consignee's premises. | 60 FR 8783 (2/15/95) Action on petitions for reconsideration deferred pending:HM-223 rulemaking, "Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage"; final rules published 10/30/03 (68 FR 61906) and 4/15/05 (70 FR 20018); petitions for review dismissed, 10/13/06; petitions for rehearing and rehearing en banc denied 2/15/07 (Nos. 03-1456 & 05-1191, D.C. Cir.). Prior petition for judicial review dismissed without prejudice, 5/7/02 (D.D.C., Civil Action No. 00-1312 (WBB)). 80 FR 70874 (11/16/15) (Action on Petitions for Reconsideration). |
- Related Downloads
Last updated: Tuesday, February 28, 2017