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.
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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 |
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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 |
PDA-19(R) |
New York regulations on test reports and marking of gasoline transport vehicles |
Mar 9, 1998 |
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 |
PDA-26(R) |
Massachusetts definition (designations) of hazardous materials |
Aug 16, 2000 |
PD-27(R) |
Louisiana requirements for hazardous materials incident notification
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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 |
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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-32(R) |
Maine Department of Environmental Protection requirements on transportation of cathode ray tubes (CRTs) and glass removed from CRTs |
May 8, 2007 |
PDA-33(F) |
Boston, Massachusetts designation and restriction of routes for transportation of hazardous materials. |
May 30, 2008 |
PDA-34(R) |
Common law tort claims concerning design and marking or labeling of DOT specification 39 compressed gas cylinders. |
Jun 26, 2007 |
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