Transporting Hazardous Materials by Rail: Impact of New DOT and EPA Rules on Railroads and 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.