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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, January 14, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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."

Faculty

Jason D. Tutrone
Partner
Thompson Hine

Mr. Tutrone advises multinational corporations, trade associations, and transportation intermediaries on domestic and international matters involving logistics services and transportation. These matters include: regulatory compliance; regulatory enforcement; agency rulemaking; legislative concerns; service issues; loss and damage claims; transportation security; contract drafting and negotiation; and rate disputes before the Surface Transportation Board (STB). His practice is multimodal, involving air, motor, ocean and rail transportation, and encompasses a wide variety of logistics services, such as warehousing and terminal services.

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Richard M. Couch
Associate
Thompson Hine

Mr. Couch is an associate in the firm’s Transportation and Automotive & Mobility practice groups. Prior to joining the firm, he was a law clerk for Judge Edward H. Meyers of the U.S. Court of Federal Claims. Mr. Couch has also completed internships with the U.S. Department of Justice, the U.S. District Court for the District of Maryland, and the U.S. Small Business Administration.

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Marc K. Boolish
Policy Advisor
Wiley Rein LLP

Mr. Boolish has extensive experience related to the development, transport and storage, sales, consumer use, recycling, and disposal of all chemistries of batteries as well as automotive fragrance, appearance, refrigerants, and additive consumer products. He has actively served on and chaired numerous standards committees related to batteries and battery-operated devices.  

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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.

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?