Interested in training for your team? Click here to learn more

Transporting Hazardous Materials by Rail: Avoiding Violations of 2024 Amendments to the PHMSA Regulations

New Hazardous Materials Reg; Updates to EPA's Accidental Release Prevention Requirements and Risk Management Program

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, January 14, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will review the regulations that govern how hazardous materials are moved by rail, generally, the 2024 amendments to the Hazardous Materials Regulations required by the FAST Act, and their intersection with amendments to the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the Clean Air Act (RMP) that affect the "transloading industry."

Description

In 2024, significant changes occurred regarding transportation of hazardous materials by rail. The Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations to require railroads to tell people, especially first responders, about hazardous materials being transported through their communities. The new rules also state when, where, how, and in what form the information has to be made available before transport and in the event of an accident.

The EPA also updated the Accidental Release Prevention Requirements and Risk Management Program rules that apply primarily to stationary sources of hazardous materials, an issue of interest to transloading facilities, like depots. The new rule maintained the "storage incident to transportation" exception to the RMP requirement and did not attempt further formal refinement. Industry observers suspect EPA intends to move to tighten the exception indirectly through cases such as United States v. MultiStar Indus., 654 F. Supp. 3d 1165 (E.D. Wash. 2023).

Listen as this expert panel offers an overview of how hazardous materials are moved by rail, the regulatory changes in 2024, and the "storage incident to transportation" rule.

READ MORE

Outline

  1. Overview of how hazardous materials are moved by rail
  2. 2024 Amendments to the Hazardous Materials Regulations
  3. Amendments to the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the Clean Air Act (RMP)
  4. Impact on rail carriers
  5. Impact on "transloading industry"

Benefits

The panel will review these and other key issues:

  • What is the EPA's Risk Management Program for railroads and the "incident to transportation" exemption?
  • Did the Safer Communities by Chemical Accident Prevention Rule change the exemption?
  • Does the new rule conflict with other federal rules?

Faculty

Boolish, Marc
Marc K. Boolish

Policy Advisor
Wiley Rein

Mr. Boolish has extensive experience related to the development, transport and storage, sales, consumer use,...  |  Read More

Couch, Richard
Richard M. Couch

Associate
Thompson Hine

Mr. Couch is an associate in the firm’s Transportation and Automotive & Mobility practice groups. Prior...  |  Read More

Tutrone, Jason
Jason D. Tutrone

Partner
Thompson Hine

Mr. Tutrone advises multinational corporations, trade associations, and transportation intermediaries on domestic and...  |  Read More

Attend on January 14

Cannot Attend January 14?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video