U.S. Legislative Updates

The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) is proposing to update existing safety standards to ensure drivers can better stop a vehicle in the event both the brake and accelerator pedals are depressed at the same time. According to NHTSA, research indicates a "Brake-Throttle Override" requirement will help reduce the risks of high-speed unintended acceleration and prevent crashes involving a stuck or trapped accelerator pedal by allowing the driver to maintain control through normal application of the vehicle's brakes. Additional information on the proposal is available at http://www.nhtsa.gov/staticfiles/rulemaking/pdf/FMVSS_124_BTO_NPRM_Final.pdf

NAFA has submitted written comments to the U.S. Environmental Protection Agency on proposed revisions to underground storage tank (UST) regulations. The proposal includes requirements for determining that the UST system is compatible with the fuel stored.  EPA is proposing that owners and operators storing any regulated substance blended with greater than ten percent ethanol or twenty percent biodiesel must demonstrate compatibility by relying upon certification of a nationally recognized testing laboratory (such as Underwriters Laboratories) or upon certifications of the equipment manufacturer. EPA also allows states to develop alternative certifications. These provisions are similar to guidelines issued in 2011, but as regulations, these requirements become legally binding.

In its comments to EPA, NAFA urged EPA to provide a phase-in of the requirements; reconsider allowing states to set their own compatibility requirements; and allow a professional engineer to make a compatibility determination. A copy of NAFA’s comments is available here.