Page:United States Statutes at Large Volume 104 Part 4.djvu/934

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104 STAT. 3250 PUBLIC LAW 101-615—NOV. 16, 1990 hides transporting hazardous materials to reach terminals, facilities for food, fuel, repairs, and rest, and points for the loading and unloading of hazardous materials. "(H) STATE RESPONSIBILITY FOR LOCAL COMPUANCE. — A requirement that the State shall be responsible (i) for ensuring that political subdivisions of the State comply with the Federal standards in establishing, maintaining, and enforcing highway routing designations, limitations, and requirements, and (ii) for resolving disputes between or among such political subdivisions. "(I) FACTORS TO CONSIDER.— A requirement that, in establishing, maintaining, and enforcing highway routing designations, limitations, and requirements, a State or Indian tribe consider— '(i) population density, '(ii) type of highways, '(iii) type and quantities of hazardous materials, '(iv) emergency response capabilities, '(v) results of consultations with affected persons, '(vi) exposure and other risk factors, '(vii) terrain considerations,

  • (viii) continuity of routes,

'(ix) alternative routes, '(x) effects on commerce,

  • (xi) delays in transportation, and

'(xii) such other factors as the Secretary considers appropriate " (4) PREEMPTION.— "(A) GENERAL RULE.—Except as otherwise provided in this paragraph, after the last day of the 2-year period beginning on the date of the issuance of the regulations establishing the Federal standards pursuant to paragraph (2), no State or Indian tribe may establish, maintain, or enforce— "(i) any highway route designation over which hazardous materials may or may not be transported by motor vehicles, or "(ii) any limitation or requirement with respect to such routing, unless such designation, limitation, or requirement is made in accordance with the procedural requirements of the Federal standards and complies with the substantive requirements of the Federal standards. "(B) GRANDFATHER CLAUSE.— Designations, limitations, and requirements established before the date of issuance referred to in subparagraph (A) do not have to be in accordance with procedural requirements of the Federal standards established pursuant to paragraphs (3)(B), (3)(C), and (3)(F). "(C) LIMITATION WITH RESPECT TO CONSIDERATION OF FAC- TORS.— Nothing in this subsection shall be construed as requiring a State or Indian tribe to comply with paragraph (3)(1) with respect to designations, limitations, and requirements established before the date of the enactment of the Hazardous Materials Transportation Uniform Safety Act of 1990.