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Preemption Determinations

Sections 5125(a) and (b) of 49 U.S.C. provide that, in the absence of a waiver of preemption by the Department or specific authority in another Federal law, a requirement of a State, political subdivision of a State, or Indian tribe can be preempted.

Preemption Determinations Under
49 U.S.C. ยง 5125
"Four-Pack" California and Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials Feb 15, 1995
PD-1(R) Massachusetts, Maryland, & Pennsylvania hazardous waste vehicle bonding requirements Sep 4, 2012
PD-2(R) Illinois EPA Hazardous Waste Manifest Sep 4, 2012
PD-3(F) Washington RAM highway routing restrictions Sep 4, 2012
PD-4(R) California statute and regulations re flammable and combustible liquids transportation Sep 4, 2012
PD-5(R) Massachusetts requirement for back-up alarm on tank trucks carrying flammable liquids Sep 4, 2012
PD-6(R) Michigan statute and regulations re marking of motor vehicles carrying hazardous and liquid industrial wastes Sep 4, 2012
PD-7(R) Maryland regulations re hazardous materials drivers' training and certification requirements Jun 3, 1994
PDA-8(R) California & Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials Sep 4, 2012
PD-12(R) New York regulations re transfer and interim storage of hazardous waste Sep 4, 2012
PD-13(R) Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections. Sep 4, 2012
PD-14(R) City of Houston, TX, Fire Code re tank truck requirements, inspections, fees and definition of hazardous material Sep 4, 2012
PD-15(R) Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank. Sep 4, 2012
PDA-16(R) Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections. Sep 4, 2012
PDA-17(R) Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank. Sep 4, 2012
PD-18(R) Broward County, FL hazardous materials transportation requirements pertaining to the definition of hazardous material, release reporting, standards for packaging, fees, monthly reporting and vehicle inspection Sep 4, 2012
PDA-19(R) New York regulations on test reports and marking of gasoline transport vehicles Sep 4, 2012
PD-20(RF) Cleveland, Ohio permit and other requirements for transportation of explosives and other hazardous materials within the City Sep 4, 2012
PD-21(R) Tennessee annual remedial action fee and written incident reporting requirements Sep 4, 2012
PD-22(R) New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas Sep 4, 2012
PD-23(RF) Morrisville, PA requirements for transporting "dangerous waste," including routing restrictions and manifest requirement Sep 4, 2012
PD-24(R) New Jersey prohibition against transporting blasting caps on the same motor vehicle with more than 5,000 lbs. of other commercial explosives Sep 4, 2012
PD-25(R) Missouri prohibition of recontainerization of hazardous waste at transfer facility Sep 4, 2012
PDA-26(R) Massachusetts definition (designations) of hazardous materials Sep 4, 2012
PD-27(R) Louisiana requirements for hazardous materials incident notification Sep 4, 2012
PD-28(R) Town of Smithtown, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections Sep 4, 2012
PD-29(R) Massachusetts regulations on storage and disposal of infectious or physically dangerous medical or biological waste Sep 4, 2012
PD-30(R) Houston, Texas Fire Code requirements on in-transit storage at airport Sep 4, 2012
PD-31(F) District of Columbia Ordinance prohibiting transportation of certain quantities of explosives, flammable gases, poisonous gases and other poisonous materials within the "Capitol Exclusion Zone" Sep 4, 2012
PDA-32(R) Maine Department of Environmental Protection requirements on transportation of cathode ray tubes (CRTs) and glass removed from CRTs Sep 4, 2012
PDA-33(R)   Sep 4, 2012
PDA-34(R) Common law tort claims concerning design and marking or labeling of DOT specification 39 compressed gas cylinders Sep 4, 2012
No Decision/Determination
PDA-3(RF)   Dec 19, 1991
PDA-35(R)   Sep 4, 2012
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