New York is once again trying to convince the federal government that a state (specifically New York) should have the right to mandate its own rules for gasoline transport vehicles. New York’s previous rules these vehicles were preempted in January 2009 by the Pipeline and Hazardous Materials Administration (PHMSA) after being contested by the National Tank Truck Carriers Inc.
A petition for reconsideration was filed with PHMSA by the New York State Department of Environmental Conservation (NYSDEC). The petition contends that gasoline cargo tank vacuum pressure test requirements are part of New York state environmental rules and do not fall under the US Department of Transportation.
Under the state rule, gasoline cargo tank operators must carry a copy of the most recent pressure/vacuum test results on the vehicle. In addition, operators must retain pressure/vacuum test and repair records for a gasoline transport vehicle for two years.
NTTC has announced it will contest New York’s petition for reconsideration. Comments on the petition are due by October 12. Comments can be filed electronically at http://www.regulations.gov.