Chester, West Virginia Ordinance No. 305 Regarding Transportation of Hazardous Wastes

Rodney E. Slater
Alan I. Roberts
Federal Highway Administration
February 2, 1994

[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-2285]


[[Page Unknown]]

[Federal Register: February 2, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
Research and Special Programs Administration
[Docket No. PDA-3(RF)]

 

Chester, West Virginia Ordinance No. 305 Regarding Transportation 
of Hazardous Wastes

AGENCY: Federal Highway Administration (FHWA) and Research and Special 
Programs Administration (RSPA), DOT.

ACTION: Notice Dismissing Application and Closing the Docket.

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APPLICANT: National Solid Wastes Management Association, on behalf of 
its Chemical Waste Transportation Institute.

LOCAL LAW AFFECTED: Ordinance No. 305 of the City of Chester, West 
Virginia, Regarding Transportation of Hazardous Wastes.

APPLICABLE FEDERAL REQUIREMENTS: Hazardous Materials Transportation Act 
(HMTA), 49 App. U.S.C. Sec. 1801 et seq., and the Hazardous Materials 
Regulations, 49 CFR Parts 171-180.

MODE AFFECTED: Highway

SUMMARY: The application for a determination of preemption is 
dismissed, and this docket is closed, because Ordinance No. 305 of 
Chester, West Virginia never went into effect.

FOR FURTHER INFORMATION CONTACT: Frazer C. Hilder, Office of the Chief 
Counsel, Research and Special Programs Administration, U.S. Department 
of Transportation, Washington, DC 20590-0001 (Tel. No. 202-366-4400).

SUPPLEMENTARY INFORMATION: In December 1991, the National Solid Wastes 
Management Association, on behalf of its Chemical Waste Transportation 
Institute (CWTI), petitioned for an administrative determination that 
the HMTA preempts Chester, West Virginia Ordinance No. 305, regarding 
the transportation of hazardous wastes. In its application, CWTI stated 
that the Chester City Council had ``enacted Ordinance No. 305,'' and 
the copy of Ordinance No. 305 attached to CWTI's application indicated 
that the Ordinance had been ``Passed and Adopted'' on December 2, 1991.
    On April 6, 1992, FHWA and RSPA published a Public Notice and 
Invitation to Comment on CWTI's application. 57 FR 11654. That Notice 
was issued jointly by both agencies because the requirements in 
Ordinance No. 305 purported to affect both the highway routing of 
hazardous materials and other aspects of hazardous materials 
transportation. See 57 FR at 11655. In response to that Notice, four 
industry associations and more than 20 individual companies submitted 
comments opposing Ordinance No. 305 and supporting a finding of 
preemption. One party submitting comments, the Tri-State Area 
Transporters Association, stated that Ordinance No. 305 was originally 
scheduled to become effective February 1, 1992, but that in January 
1992, ``Chester apparently revised the ordinance, with no effective 
date given.''
    No party, including the City of Chester, submitted comments 
opposing CWTI's application. CWTI submitted further comments, which it 
called ``rebuttal.''
    In a recent telephone conversation, Chester Mayor Ken Morris 
advised RSPA that Ordinance No. 305 was never adopted and never went 
into effect. Copies of a December 6, 1993 letter to Mayor Morris, 
confirming the substance of this telephone conversation, were sent to 
CWTI and each party submitting comments on CWTI's application. In a 
December 17, 1993 letter, CWTI advised that, based on information from 
its members, Ordinance No. 305 has never been enforced and that CWTI 
had ``no objection to DOT dismissing the Institute's petition at this 
time * * * without prejudice * * * ''
    CWTI's application is hereby dismissed, and the docket is closed. 
If the requirements contained in Chester, West Virginia Ordinance No. 
305 are ever adopted and enforced, CWTI may again submit an application 
for a preemption determination.

    Issued in Washington, DC on January 25, 1994 .
Rodney E. Slater,
Administrator, Federal Highway Administration.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 94-2285 Filed 2-1-94; 8:45 am]
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