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PDA-39(R): Oregon Hazardous Waste Management regulation

PDA-39R Preemption Description
PD and Docket Number
Subject Summary Ruling Status


NORA, An Association of Responsible Recyclers

Oregon Hazardous Waste Management regulation.

Application rejected because the HMTA's preemption provisions—including the provision granting the Department the authority to make administrative preemption determinations—expressly do not apply to a "mental state...utilized by a enforce a requirement applicable to the transportation of hazardous material," PHMSA lacks authority to act on the application.

84 FR 50882 (9/26/19).