PHMSA preempts NYC fuel hauling law

From National Tank Truck Carriers.

On July 6, 2017, the Pipeline & Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register preempting New York City’s hazardous material truck permit and inspection programs as well as the fees related to those inspections and permits. Unless New York City files a petition for reconsideration or challenges the decision in court, effective July 26, 2017 the Fire Department’s (FDNY) hazardous materials truck inspection and permitting program will be preempted.

This decision also opens the door for challenges to other programs in other jurisdictions. Finally, the notice stated that claims regarding state and local regulations for loading/unloading and decal display were raised too late in the process, but could be raised in a future challenge if the FDNY attempts to modify their program to fit the decision instead of abolishing it.