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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

PD-1(R)

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

PD-2(R)

 Illinois EPA Hazardous Waste Manifest Feb. 23, 1993

PD-3(F)

 Washington RAM highway routing restrictions Jun. 3, 1993

PD-4(R)

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

PD-5(R)

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

PD-6(R)

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

PD-7(R)

 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

PD-12(R)

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

PD-13(R)

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

PD-14(R)

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

PD-15(R)

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

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. May 17, 2002

PD-19(R)

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

PD-20(RF)

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

PD-21(R)

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

PD-22(R)

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

PD-23(RF)

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

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. Jun. 8, 2001

PD-25(R)

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

PD-26(R)

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

PD-27(R)

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

PD-28(R)

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

PD-29(R)

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

PD-30(R)

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

PD-31(F)

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

PD-32(R)

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

PD-33(F)

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

PD-34(R)

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

PD-35(R)

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

PD-37(R)

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

PD-38(R)

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

PD-40(R)

 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

PDA-3(RF)

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

PDA-14(R)

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

PDA-36(R)

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

PDA-39(R)

 Oregon Hazardous Waste Management regulation. Sept. 26, 2019
Last updated: Monday, March 28, 2022