DOT Issues Emergency Order Mandating Proper Testing of Crude Oil Prior to Transport

On February 25, the U.S. Department of Transportation issued an emergency order mandating that all persons who offer crude oil for transportation in commerce within the United States “ensure that [it] is properly tested and classed in accordance with 49 CFR parts 172 and 173.” The order also prohibits shipping crude oil by rail as a Packing Group III hazardous material.

Citing the dramatic growth in shipments of crude-by-rail and recent derailments of trains carrying crude oil from the Bakken shale that caused large-scale explosions in Quebec, Alabama, and North Dakota, the order describes the required actions as “necessary to eliminate unsafe conditions and practices that create an imminent hazard to public health and safety and the environment.” The order cites misclassification as “one of the most dangerous mistakes to be made when dealing with hazardous materials because proper classification is the critical first step in determining how to pack, handle, communicate about, and safely transport hazardous materials” and notes that misclassification “may indicate larger problems with company management, oversight, and quality control.”