Hazardous Materials: Oregon Hazardous Waste Management Regulation
Notice of rejection of application for an administrative determination of preemption.
NORA, An Association of Responsible Recyclers, has petitioned for an administrative determination that the Hazardous Materials Transportation Act (HMTA) preempts an Oregon hazardous waste regulation to the extent that Oregon interprets the regulation as imposing a strict liability standard on transporters of hazardous waste. 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 State . . . to enforce a requirement applicable to the transportation of hazardous material,'' PHMSA lacks authority to act on NORA's petition. PHMSA therefore rejects the petition.
84 FR 50882