Action
Notice of administrative determination of preemption by RSPA's Associate Administrator for Hazardous Materials Safety.
Summary
Federal hazardous material transportation law preempts Tennessee's requirement for hazardous waste transporters to pay a $650 per year remedial action fee because that fee is not fair and it is not used for purposes related to transporting hazardous material. Federal hazardous material transportation law also preempts Tennessee's requirement for a transporter to submit a written report of a discharge of hazardous waste during transportation because that requirement is not substantively the same as RSPA's requirement in the Hazardous Materials Regulations.