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 Determination Number | Description | Date |
|---|---|---|
| Massachusetts, Maryland, & Pennsylvania hazardous waste vehicle bonding requirements | September 4, 2012 | |
| Illinois EPA Hazardous Waste Manifest | September 4, 2012 | |
| Washington RAM highway routing restrictions | September 4, 2012 | |
| California statute and regulations re flammable and combustible liquids transportation | September 4, 2012 | |
| Massachusetts requirement for back-up alarm on tank trucks carrying flammable liquids | September 4, 2012 | |
| Michigan statute and regulations re marking of motor vehicles carrying hazardous and liquid industrial wastes | September 4, 2012 | |
| Maryland regulations re hazardous materials drivers' training and certification requirements | June 3, 1994 | |
| California & Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials | February 28, 2017 | |
| New York regulations re transfer and interim storage of hazardous waste | September 4, 2012 | |
| Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections. | September 4, 2012 | |
| City of Houston, TX, Fire Code re tank truck requirements, inspections, fees and definition of hazardous material | September 4, 2012 | |
| Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank. | September 4, 2012 | |
| 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 | |
| New York regulations on test reports and marking of gasoline transport vehicles | September 4, 2012 | |
| Cleveland, Ohio permit and other requirements for transportation of explosives and other hazardous materials within the City | September 4, 2012 | |
| Tennessee annual remedial action fee and written incident reporting requirements. | September 4, 2012 | |
| New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas. | September 4, 2012 | |
| Morrisville, PA requirements for transporting "dangerous waste," including routing restrictions and manifest requirement. | September 4, 2012 | |
| 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 | |
| Missouri prohibition of recontainerization of hazardous waste at transfer facility | September 4, 2012 | |
| Massachusetts definition (designations) of hazardous materials | September 4, 2012 | |
| Louisiana requirements for hazardous materials incident notification | September 4, 2012 | |
| Town of Smithtown, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections | September 4, 2012 | |
| Massachusetts regulations on storage and disposal of infectious or physically dangerous medical or biological waste. | September 4, 2012 | |
| Houston, Texas Fire Code requirements on in-transit storage at airport | September 4, 2012 | |
| District of Columbia requirements for highway routing of certain hazardous materials | September 4, 2012 | |
| Maine Department of Environmental Protection requirements on transportation of cathode ray tubes | September 4, 2012 | |
| City of Boston requirements for highway routing of certain hazardous materials | September 4, 2012 | |
| Common law tort claims concerning design and marking of DOT Specification 39 compressed gas cylinders. | September 4, 2012 | |
| New Jersey regulations on transportation of regulated medical waste | May 15, 2014 | |
| Pittsburgh, Pennsylvania permit requirements for transportation of hazardous material. | Dec 31, 2017 | |
| New York City permit requirements for transportation of certain hazardous materials | Dec 31, 2017 |
DOT Preemption Determination Applications Dismissed or Withdrawn
| City of Chester, WV hazardous waste transportation requirements | Feb 28, 2017 | |
| City of El Paso, TX Municipal Code provisions requiring hazmat tank truck permits based on inspections held during limited time periods. | Feb 28, 2017 |
Pending DOT Preemption Determination Applications
| California Meal and Rest Break requirements. | Dec 31, 2017 | |
| Oregon Hazardous Waste Management regulation. | Dec 31, 2017 |
Updated: Wednesday, January 24, 2018