Page:United States Statutes at Large Volume 104 Part 4.djvu/929

 PUBLIC LAW 101-615—NOV. 16, 1990 104 STAT. 3245 (2) accidents involving the release of hazardous materials are a serious threat to public health and safety, (3) many States and localities have enacted laws and regulations which vary from Federal laws and regulations pertaining . to the transportation of hazardous materials, thereby creating the potential for unreasonable hazards in other jurisdictions and confounding shippers and carriers which attempt to comply with multiple and conflicting registration, permitting, routing, notification, and other regulatory requirements, (4) because of the potential risks to life, property, and the environment posed by unintentional releases of hazardous materials, consistency in laws and regulations governing the transportation of hazardous materials is necessary and desirable, (5) in order to achieve greater uniformity and to promote the public health, welfare, and safety at all levels. Federal standards for regulating the transportation of hsizardous materials in intrastate, interstate, and foreign commerce are necessary and desirable, (6) in order to provide reasonable, adequate, and cost-effective protection from the risks posed by the transportation of hazardous materials, a network of adequately trained State and local emergency response personnel is required, (7) the Office of Technology Assessment has estimated that approximately 1,500,000 emergency response personnel need better basic or advanced training for responding to the unintentional release of hazardous materials at fixed facilities and in transportation, and (8) the movement of hazardous materials in commerce is necessary and desirable to maintain economic vitality and meet consumer demands, and shall be conducted in a safe and efficient manner. SEC. 3. DEFINITIONS. (a) DEFINITIONS.— Section 103 (49 U.S.C. App. 1802) is amended to read as follows: "SEC. 103. DEFINITIONS. "For purposes of this title, the following definitions apply: "(1) ADMINISTRATOR.— The term Administrator' means the Administrator of the Environmental Protection Agency. "(2) CoMMERCE. —The term 'commerce' means trade, traffic, commerce, or transportation within the jurisdiction of the United States (A) between a place in a State and any place outside of such State, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). "(3) DIRECTOR.—The term 'Director' means the Director of the Federal Emergency Management Agency. "(4) HAZARDOUS MATERIAL.—The term 'hazardous material' means a substance or material designated by the Secretary under section 104. "(5) HAZMAT EMPLOYEE. — The term 'hazmat employee' means an individual who is employed by a hazmat employer and who in the course of the individual's employment directly affects hazardous materials transportation safety as determined by the Secretary by regulation. Such term includes an owner-operator of a motor vehicle which transports in commerce hazardous 39-194O-91-30:QL3Part4

�