In accordance with the provisions of 49 U.S.C. § 5103(c), the Associate Administrator for the Office of Hazardous Materials Safety within the Pipeline and Hazardous Materials Safety Administration (PHMSA) hereby declares that an emergency exists that warrants issuance of a Waiver of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to persons conducting operations under the direction of Environmental Protection Agency (EPA), Region 9 (75 Hawthorne St. San Francisco, CA, 94105) and United States Coast Guard (USCG), District 14 (300 Ala Moana Blvd., Room 9-204, Honolulu, HI, 96850-4982) within the emergency areas of the Hawaii Wildfires in the State of Hawaii. The Waiver is granted to support EPA Region 9 and USCG District 14 in taking appropriate actions to prepare for, respond to, and recover from a threat to public health, welfare, or the environment caused by actual or potential oil and hazardous materials incidents resulting from the Hawaii Wildfires. 

On August 10, 2023, the President issued a Major Disaster Declaration for the Hawaii Wildfires for the State of Hawaii (DR-4724-HI). 

This Waiver Order covers all areas identified in the declaration, as amended. Pursuant to 49 U.S.C. § 5103(c), PHMSA has authority delegated by the Secretary (49 CFR l.97(b)(3)) to a waive compliance with any part of the HMR provided that the grant of the waiver is: (1) in the public interest; (2) not inconsistent with the safety of transporting hazardous materials; and (3) necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency that has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.).

Access the Emergency Order in the related documents section for more details.