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ARTICLE · 09 MAY 2024

Chemical Transporters Face Ongoing Challenges From EPA's Focus On "Transit-Related" Activity

Holland & Knight
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Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA)...

United StatesEnvironment
Andy Emerson
Andy Emerson
Jameson B. Rice
Jameson B. Rice
Meaghan Hembree
Meaghan Hembree
Alexandra E. Ward
Alexandra E. Ward
Amy O'Brien
Amy O'Brien
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Highlights

  • The U.S. Environmental Protection Agency (EPA) issued its final Safer Communities by Chemical Accident Prevention Rule (SCCAP Rule) in March 2024, removing hotly contested proposed language that would have imposed a 48-hour limit on how long a chemical containing certain hazardous substances could be held in transit and could have had drastic impacts on the country's chemical transport, tank cleaning and transportation depot industry.
  • Nonetheless, the EPA's reference to recent case law in the SCCAP Rule outlining business practices and factors that could trigger what is considered "in-transit"-related activity leaves open risk of EPA authority and involvement in the transportation industry.

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