PHMSA has determined that the Hazardous Materials Transportation Law (HMTA) does preempt Washington State’s vapor pressure limit for crude oil loaded or unloaded from railcars.
The decision was based on the following three reasons. The vapor pressure requirement constitutes a scheme for classifying a hazardous material that is not substantively the same as the Hazardous Materials Regulations, it imposes requirements on the handling of a hazardous material that are not substantively the same as the requirements of the HMR, and it is an obstacle to accomplishing and carrying out the HMTA.
