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PD-21(R): Tennessee annual remedial action fee and written incident reporting requirements

PD-21R Preemption Description
Applicant Subject Ruling Decision

PD-21(R)
PHMSA-RSPA-1998-3665

Association of Waste Hazardous Materials Transporters

Tennessee annual remedial action fee and written incident reporting requirements.

Annual remedial action fee is preempted because it is not fair and not used for purposes related to transportation of hazardous material. Written incident reporting requirement is preempted because it is not substantively the same as HMR requirement.

64 FR 54474 (10/6/99)
Complaint for judicial review, Tennessee v. U.S. Dept. of Transportation: Order denying claim of state sovereignty, C.A.No. C-3-99-1126 (M.D. Tenn. Feb. 27, 2001); affirmed and remanded, 326 F.3d 729 (6th Cir. 2003); cert. denied, 11/3/03 (124 S. Ct. 464); judgment in favor of DOT and AWHMT (6/28/04).

Updated: Thursday, May 4, 2017