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PHMSA Guidance, Emergency Waiver Order #30: Transporting Hazmat in the State of California
Emergency Waiver Order #30: Transporting Hazmat in the State of California
Current as of 2025-01-14
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Portal detail 1Emergency Waiver Order #30: Transporting Hazmat in the State of California Emergency Waiver Order 30 Transporting HAZMAT in the State of California.pdf (90.53 KB) Issued Date: Tuesday, January 14, 2025#
Attachment 1, passage 1United States Department of Transportation Pipeline and Hazardous Materials Safety Administration Environmental Protection Agency Region 9 Emergency Waiver Order No. 30 75 Hawthorne Street Docket No. PHMSA-2025-0001 San Francisco, CA 94105 California Department of Toxic Substances Control 1001 I Street Sacramento, CA 95814 EMERGENCY WAIVER ORDER In accordance with the provisions of 49 U.S.C. § 5103(c), the Associate Administrator for the Office of Hazardous Materials Safety within the Pipeline and Hazardous Materials Safety Administration (PHMSA) hereby declares that an emergency exists that warrants issuance of a Waiver of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to persons conducting operations under the direction of Environmental Protection Agency (EPA), Region 9, or California Department of Toxic Substances Control (DTSC) within the California Wildfires and Straight-line Winds emergency areas in the State of California. The Waiver is granted to support EPA and DTSC in taking appropriate actions to prepare for, respond to, and recover from a threat to public health, welfare, or the environment caused by actual or potential oil and hazardous materials incidents resulting from the California Wildfires and Straight-line Winds. On January 8, 2025, the President issued a Major Disaster Declaration for the California Wildfires and Straight-line Winds (DR-4856-CA) in Los Angeles County. This Waiver Order covers all areas identified in the declaration, as amended. Pursuant to 49 U.S.C. § 5103(c), PHMSA has authority delegated by the Secretary (49 CFR 1.97(b)(3)) to waive compliance with any part of the HMR provided that the grant of the waiver is: (1) in the public interest; (2) not inconsistent with the safety of transporting hazardous materials; and (3) necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency that has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.). Given the continuing impacts caused by the California Wildfires and Straight-line Winds, PHMSA’s Associate Administrator has determined that regulatory relief is in the public interest and necessary to ensure the safe transportation in commerce of hazardous materials while EPA and DTSC execute their recovery and cleanup efforts in the State of California. Specifically, PHMSA’s Associate Administrator finds that issuing this Waiver Order will allow EPA and DTSC to conduct their Emergency Support Function #10 response activities under the National Response Framework to safely remove, transport, and dispose of hazardous materials. By execution of this Waiver Order, persons conducting operations under the direction of EPA Region 9 or the California Department of Toxic Substances Control within the emergency areas of the California Wildfires and Straight-line Winds in the State of California are authorized to#
Attachment 1, passage 2offer and transport non-radioactive hazardous materials under alternative safety requirements imposed by EPA Region 9 or California Department of Toxic Substances Control when compliance with the HMR is not practicable. Under this Waiver Order, non-radioactive hazardous materials may be transported to staging areas within 50 miles of the point of origin. Further transportation of the hazardous materials from staging areas must be in full compliance with the HMR. This Waiver Order is effective immediately and shall remain in effect for 60 days from the date of issuance. Dated: January 14, 2025 William S. Schoonover Associate Administrator for Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.