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PD-8, 9, 10, 11 (R) "Four-Pack": California statute re storage and handling of hazardous materials

State: California and Los Angeles County, CA

Decision60 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-8, 9, 10, 11 (R) "Four-Pack"
PD and Docket Number
Applicant
Subject Ruling Decision

"Four-Pack"
PHMSA-RSPA-2000-7486 & 1998-4952

PD-9(R)
HASA, Inc.

PD-8, 10, 11(R)
Swimming Pool Chemical Manufacturers Assn.

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
  1. Pet. for Reconsid. (PDF)
Updated: Wednesday, April 5, 2017