PHMSA - Preemption Determinations

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 of State & Local Laws

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

PD-1(R)

MA, MD, & PA hazardous waste vehicle bonding requirements

Jul 17, 1991

PD-2(R)

Illinois EPA Hazardous Waste Manifest

Jun 12, 1992

PD-3(F)

Washington RAM highway routing restrictions

Dec 19, 1991

PD-4(R)

California statute and regulations re flammable and combustible liquids transportation

Jul 27, 1992

PD-5(R)

Mass. requirement for back-up alarm on tank trucks carrying flammable liquids

Nov 29, 1991

PD-6(R)

California statute and regulations re flammable and combustible liquids transportation

Feb 9, 1994

PD-7(R)

Maryland Certification Requirements for Transporters of Oil or Controlled Hazardous Substances

Jun 3, 1994

"Four-Pack"

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

Feb 15, 1995

PD-12(R)

New York regulations re transfer and interim storage of hazardous waste

Dec 6, 1995

PD-13(R)

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

Aug 25, 1998

PD-14(R)

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

Dec 7, 1999

PD-15(R)

Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank

Mar 29, 1999

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

Dec 27, 2000

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

Oct 6, 1999

PD-22(R)

New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas

Sep 22, 2003

PD-23(RF)

Morrisville, PA requirements for transporting "dangerous waste," including routing restrictions and manifest requirement

Jul 17, 2001

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-27(R)

Louisiana requirements for hazardous materials incident notification

Nov 30, 2002

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 Ordinance prohibiting transportation of certain quantities of explosives, flammable gases, poisonous gases and other poisonous materials within the "Capitol Exclusion Zone"

Apr 10, 2006

No Decision/Determination

PDA-3(RF)

City of Chester, WV hazardous waste transportation requirements

Dec 19, 1991

PDA-14(R)

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

Dec 10, 1995

PDA-19(R)

New York regulations on test reports and marking of gasoline transport vehicles

Mar 9, 1998

PDA-26(R)