Industry Group Asks Court to Overturn DOT Hazmat Rule

he American Chemistry Council last week asked a federal appeals court to overturn a Department of Transportation regulation governing the loading and unloading of hazardous materials, saying it could lead to a layer of inconsistent and burdensome rules.

The ACC said the rule opens the door for federal agencies, as well as states and local governments, to impose regulations on the shipment of hazardous materials. The chemical industry group wants DOT alone to retain jurisdiction over hazmat transportation, not other agencies.

Under the regulation, which went into effect in 2005, DOT rules apply to the loading and unloading of various hazardous materials except when employees of the company receiving the material do the unloading.