WASHINGTON, D.C. – Richard Moskowitz, General Counsel of American Fuel & Petrochemical Manufacturers, made the following statement on North Dakota and Montana’s petition for a preemption determination regarding Washington state’s new law on allowable vapor pressure limits for crude-by-rail transport:
“The free flow of energy products in the U.S. is vital to American energy security, and Washington state’s law to regulate the volatility of crude oil in rail transport compromises the safe and efficient transport of key energy sources for both U.S. manufacturers and consumers. AFPM supports North Dakota and Montana’s petition to PHMSA for a preemption determination regarding Washington’s law, and we intend to file our own petition to further explain the adverse impact of Washington’s unlawful action on refiners and consumers. Congress clearly recognized through the passage of the HMTA the critical importance of applying uniform hazardous materials transportation regulations across the country. Washington’s law threatens this uniformity, compromising the safe and efficient transportation of these critical materials. Washington’s law is a de facto product ban – impacting the many millions of barrels of crude oil originating in North Dakota and Montana that are currently moved by rail to Washington each year. We can’t let a single state use its geographic advantages to interfere with national energy policy, nor can we stand by while U.S. refiners and consumers are harmed by Washington’s unlawful action.”
The American Fuel & Petrochemical Manufacturers (“AFPM”) is a national trade association representing nearly all U.S. refining and petrochemical manufacturing capacity. AFPM members produce the fuels that drive the U.S. economy and the chemical building blocks integral to millions of products that make modern life possible.