Saturday, May 9, 2015

HR 2204 Introduced – LPG Transload Facility Regulation

Last week Rep McGovern (D,MA) introduced HR 2204, the Safe Communities Act of 2015. The bill would remove certain liquefied petroleum gas transload facilities from regulation by the Surface Transportation Board (STB).

The bill modifies 49 USC 10501, the statute that defines the jurisdiction of the STB. First it adds a new definition to §10501(c)(1):

“The term ‘liquefied petroleum gas rail transload facility’ means the portion of a facility owned or operated by or on behalf of a rail carrier where liquefied petroleum gas, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, disposed of, or transferred, but such term does not include activities taking place at such portion that are comprised solely of the railroad transportation of liquefied petroleum gas after the liquefied petroleum gas is loaded for shipment on or in a rail car, including railroad transportation for the purpose of interchanging railroad cars containing liquefied petroleum gas”.

The bill then adds ‘a liquefied petroleum gas rail transload facility’ to the short list of railroad facilities that are not subject to the STB’s jurisdiction §10501(c)(1). This change allows State or local governments to regulate such facilities, but federal safety regulations still apply to such facilities.

Moving Forward

Since McGovern is not a member of the House Transportation and Infrastructure Committee. It is very unlikely that this bill will be considered by that Committee. Normally I would expect that this bill was introduced for consumption in the home district, but there is no mention of it on his official web site.

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