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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
Preemption Determination Number Description Date

Four-Pack

California and Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials February 28, 2017

PD-1(R)

Massachusetts, Maryland, & Pennsylvania hazardous waste vehicle bonding requirements September 4, 2012

PD-2(R)

Illinois EPA Hazardous Waste Manifest September 4, 2012

PD-3(F)

Washington RAM highway routing restrictions September 4, 2012

PD-4(R)

California statute and regulations re flammable and combustible liquids transportation September 4, 2012

PD-5(R)

Massachusetts requirement for back-up alarm on tank trucks carrying flammable liquids September 4, 2012

PD-6(R)

Michigan statute and regulations re marking of motor vehicles carrying hazardous and liquid industrial wastes September 4, 2012

PD-7(R)

Maryland regulations re hazardous materials drivers' training and certification requirements June 3, 1994

Four Pack PD-8-11®

California & Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials February 28, 2017

PD-12(R)

New York regulations re transfer and interim storage of hazardous waste September 4, 2012

PD-13(R)

Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections. September 4, 2012

PD-14(R)

City of Houston, TX, Fire Code re tank truck requirements, inspections, fees and definition of hazardous material September 4, 2012

PD-15(R)

Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank. September 4, 2012

PDA-16(R)

Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections. September 4, 2012

PDA-17(R)

Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank. September 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. September 4, 2012

PDA-19(R)

New York regulations on test reports and marking of gasoline transport vehicles September 4, 2012

PD-20(RF)

Cleveland, Ohio permit and other requirements for transportation of explosives and other hazardous materials within the City September 4, 2012

PD-21(R)

Tennessee annual remedial action fee and written incident reporting requirements. September 4, 2012

PD-22(R)

New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas. September 4, 2012

PD-23(RF)

Morrisville, PA requirements for transporting "dangerous waste," including routing restrictions and manifest requirement. September 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. September 4, 2012

PD-25(R)

Missouri prohibition of recontainerization of hazardous waste at transfer facility September 4, 2012

PD-26(R)

Massachusetts definition (designations) of hazardous materials September 4, 2012

PD-27(R)

Louisiana requirements for hazardous materials incident notification September 4, 2012

PD-28(R)

Town of Smithtown, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections September 4, 2012

PD-29(R)

Massachusetts regulations on storage and disposal of infectious or physically dangerous medical or biological waste. September 4, 2012

PD-30(R)

Houston, Texas Fire Code requirements on in-transit storage at airport September 4, 2012

PD-31(F)

District of Columbia requirements for highway routing of certain hazardous materials September 4, 2012

PD-32(R)

Maine Department of Environmental Protection requirements on transportation of cathode ray tubes September 4, 2012

PD-33(F)

City of Boston requirements for highway routing of certain hazardous materials September 4, 2012

PD-34(R)

Common law tort claims concerning design and marking of DOT Specification 39 compressed gas cylinders. September 4, 2012

PD-35(R)

New Jersey regulations on transportation of regulated medical waste May 15, 2014

PDA-36(R)

Pittsburgh, Pennsylvania permit requirements for transportation of hazardous material. February 28, 2017

DOT Preemption Determination Applications Dismissed or Withdrawn

DOT Preemption Determination Applications Dismissed or Withdrawn

PDA-3(RF)

City of Chester, WV hazardous waste  transportation requirements February 28, 2017

PDA-14(R)

City of El Paso, TX Municipal Code provisions requiring hazmat tank truck permits based on inspections held during limited time periods. February 28, 2017

Pending DOT Preemption Determination Applications

Pending DOT Preemption Determination Applications

PDA-37(R)

New York City permit requirements for transportation of certain hazardous materials February 28, 2017

PDA-38(R)

California Meal and Rest Break requirements. February 28, 2017

PDA-39(R)

Oregon Hazardous Waste Management regulation. February 28, 2017
Updated: Tuesday, June 6, 2017