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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.

Subject Index of Preemption Determinations

Preemption Determination Status Chart

Preemption Determinations Under 49 U.S.C. § 5125

Preemption Determinations Table
Preemption Determination Number Description Date


Massachusetts, Maryland, & Pennsylvania hazardous waste vehicle bonding requirements Nov. 6, 1996


Illinois EPA Hazardous Waste Manifest Feb. 23, 1993


Washington RAM highway routing restrictions Jun. 3, 1993


California statute and regulations re flammable and combustible liquids transportation Feb. 15, 1995


Massachusetts requirement for back-up alarm on tank trucks carrying flammable liquids Nov. 29, 1993


Michigan statute and regulations re marking of motor vehicles carrying hazardous and liquid industrial wastes Feb. 9, 1994


Maryland regulations re hazardous materials drivers' training and certification requirements Feb 24, 1995

Four Pack PD-8, 9, 10, 11(R)

California & Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials Nov. 16, 2015


New York regulations re transfer and interim storage of hazardous waste Apr. 3, 1997


Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections. Mar. 18, 2002


City of Houston, TX, Fire Code re tank truck requirements, inspections, fees and definition of hazardous material Jun. 24, 1999


Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank. Jul. 12, 2000


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. May 17, 2002


New York regulations on test reports and marking of gasoline transport vehicles Aug 26, 2010


Cleveland, Ohio permit and other requirements for transportation of explosives and other hazardous materials within the City Jun. 1, 2001


Tennessee annual remedial action fee and written incident reporting requirements. Jun. 28, 2004


New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas. Sept. 22, 2003


Morrisville, PA requirements for transporting "dangerous waste," including routing restrictions and manifest requirement. Jan. 22, 2002


New Jersey prohibition against transporting blasting caps on the same motor vehicle with more than 5,000 lbs. of other commercial explosives. Jun. 8, 2001


Missouri prohibition of recontainerization of hazardous waste at transfer facility Jul. 16, 2001


Massachusetts definition (designations) of hazardous materials Jan. 23, 2009


Louisiana requirements for hazardous materials incident notification Nov. 30, 2004


Town of Smithtown, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections Mar. 29, 2002


Massachusetts regulations on storage and disposal of infectious or physically dangerous medical or biological waste. Jun. 22, 2004


Houston, Texas Fire Code requirements on in-transit storage at airport Feb. 23, 2006


District of Columbia requirements for highway routing of certain hazardous materials Apr. 10, 2006


Maine Department of Environmental Protection requirements on transportation of cathode ray tubes Sept. 10 2009


City of Boston requirements for highway routing of certain hazardous materials Nov. 16, 2009


Common law tort claims concerning design and marking of DOT Specification 39 compressed gas cylinders. Jul. 3, 2012


New Jersey regulations on transportation of regulated medical waste Dec. 12, 2013


New York City permit requirements for transportation of certain hazardous materials. May 15, 2020


California Meal and Rest Break requirements. Feb. 21, 2020


The State of Washington Crude Oil by Rail—Vapor Pressure and pre-notification requirements. May 15, 2020

DOT Preemption Determination Applications Dismissed or Withdrawn

DOT Preemption Determination Applications Dismissed or Withdrawn Table


City of Chester, WV hazardous waste transportation requirements Feb. 02, 1994


City of El Paso, TX Municipal Code provisions requiring hazmat tank truck permits based on inspections held during limited time periods. Mar. 21, 1996


Pittsburgh, Pennsylvania permit requirements for transportation of hazardous material. Jul. 12, 2016


Oregon Hazardous Waste Management regulation. Sept. 26, 2019