Action
Decision on petition for reconsideration of administrative determination of preemption.
Summary
In response to NYDEC's petition for reconsideration, RSPA is modifying its December 6, 1995 administrative determination concerning the requirement in 6 NYCRR 372.3(a)(7)(iii) for secondary containment at a transfer facility where hazardous wastes are transferred between vehicles or temporarily stored. RSPA had determined that this requirement was an obstacle to the accomplishment of the HMR's provisions on packaging and segregation. On reconsideration, RSPA now finds that there is insufficient information from which to determine whether this requirement, as enforced and applied, is an obstacle to the accomplishment and carrying out of Federal hazardous material transportation law and the HMR. RSPA affirms its prior determination that Federal hazardous material transportation law preempts subsections (i) and (ii) of 6 NYCRR 372.3(a)(7) that (1) prohibit transporters from repackaging hazardous wastes ``incidental to transport,'' and (2) require an indication on the manifest of a transfer of hazardous wastes between vehicles of the same transporter. This decision constitutes RSPA's final action on the September 1993 application for a preemption determination filed by the Chemical Waste Transportation Institute (CWTI). Any party who submitted comments in Docket No. PDA-13(R) (including the applicant) may seek judicial review within 60 days of this decision.