Search

Railroads Challenge California Hazmat Rail Fee

Posted on 10/13/2016 by Roger Marks

In August, the state of California passed a law to require railroads to collect a $45 fee to transport rail cars carrying certain hazardous materials.

In a case that could carry future implications for hazardous materials rail carriers and shippers nationwide, that fee is now under fire from railroads. Railroads’ concerns include how a fee will be enforced and how such a fee would affect the logistics of transporting small quantities of hazmat that may be exempt from existing DOT regulations.

Railroads will be required to assess the fee to businesses that ship or transport any of 25 hazardous materials now listed in California’s Office of Emergency Services regulations in Title 19 of the California Code of Regulations (CCR), Chapter 4.1, Article 1, Section 2701.

The list of 25 hazmat commodities includes:

  • Petroleum Crude Oil (UN 1267 and UN 1270)
  • Gasoline (UN 1203, UN 1993, and UN 3295)
  • Liquefied Petroleum Gas or LPG (UN 1075 and UN 3161)
  • Alcohols, NOS (UN 1987)
  • Anhydrous ammonia (UN 1005)
  • Toluene (UN 1294)
  • Hydrogen Peroxide (UN 2014, UN 2015, UN 2984, and UN 3149)
California adopted the hazmat fee in part as a response to a spate of train derailments in the US and Canada over the past few years, often involving shipments of crude oil. The text of the regulations implementing the hazmat rail fee, including the full list of 25 hazardous materials commodities, can be found here.

Hazardous materials rail shipment

More New Rules for Hazmat Rail Shipments

US DOT, too, has focused on bolstering the regulations for hazmat rail shipments, which make up a small percentage of all the hazardous materials shipped in the US—the rest travels by highway, pipeline, air, and vessel.

In July, the Pipeline and Hazardous Materials Safety Administration proposed an expansion of oil spill response plans (OSRP) for railroads that transport “high-hazard flammable trains,” or HHFTs. An HHFT, defined by US DOT in a previous hazmat rail rulemaking, is a train that carries more than 20 cars of a Class 3 flammable liquid in a continuous block or 36 or more cars loaded with a Class 3 flammable liquid across the entire train.

New Online Course – Hazmat Rail Shipper

Get up to date on the unique, additional rules that apply to hazmat rail shipments! Whether you offer or transport hazmat shipments in rail tanks, bulk containers, or non-bulk packages, US DOT requires all “hazmat employees” to complete training once every three years. The new Hazmat Ground Shipper –Additional Rail Requirements online course is designed to satisfy US DOT’s function-specific training requirement for hazmat rail personnel who work for shippers and rail carriers (49 CFR 172.704(d)). 

Tags: 49CFR, DOT, hazmat shipping, Rail

Find a Post

Compliance Archives

Lion - Quotes

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

I love that the instructor emphasized the thought process behind the regs.

Rebecca Saxena

Corporate Product Stewardship Specialist

The course was very well structured and covered the material in a clear, concise manner.

Ian Martinez

Hazmat Shipping Professional

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

Download Our Latest Whitepaper

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.