PDA-1(R) (14602)

7/17/91

National Solid Wastes Management Assn.

Massachusetts, Maryland, & Pennsylvania hazardous waste vehicle bonding requirements

State bonding requirements for vehicles transporting hazardous wastes are not preempted under the "obstacle" test.

PD-1(R)

Closed

Public Notice: 8/12/91 (56 FR 38294). Decision: 12/11/92 (57 FR 58848). Action on Petition for Reconsideration: 6/9/93 (58 FR 32418). Judicial review dismissed in Massachusetts v. U.S. Dept. of Transp., Civil Action No. 93-1581 (HHG) (D.D.C. April 7, 1995), reversed 93 F.3d 890 (D.C. Cir. 1996), petition for rehearing and rehearing en banc denied (Nov. 6, 1996).

PDA-2(R) (14655)

11/25/91
1/3/92

National Tank Truck Carriers, Inc.

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

State tank truck back-up alarm requirement applicable only to in-state transportation is not preempted under the "obstacle" test.

PD-5(R)

Closed

Public Notice: 3/23/92 (57 FR 10098).

Decision: 11/29/93 (58 FR 62707).

PDA-3(RF)

12/19/91

Chemical Waste Transportation Institute

City of Chester, WV hazardous waste transportation requirements

Application dismissed because Ordinance regarding transportation of hazardous waste never went into effect.

N/A

Closed

Public Notice: 4/6/92 (57 FR 11654).

Dismissed: 2/2/94 (59 FR 4962).

PDA-4(F) (14612)
12/1/91

Oregon Dept. Of Energy

Washington RAM highway routing
restrictions

State restrictions on locations where trucks hauling RAM may enter the State are preempted, under "dual compliance" and "obstacle" tests.

PD-3(F)

Closed

Public Notice: 4/30/92 (57 FR 18537).

Decision: 6/3/93 (58 FR 31580).

PDA-5(R) (14609)

6/12/92

Chemical Waste Transportation Institute

Illinois EPA hazardous waste manifest

State hazardous waste manifest requirements are preempted, under the "substantively the same" test.

PD-2(R)

Closed

Public Notices: 7/21/92 (57 FR 32360), 9/25/92 (57 FR 44402).

Decision: 2/23/93 (58 FR 11176).

PDA-6(R) (14619)

7/27/92

Nalco Chemical Company

California statute and regulations re flammable and combustible liquids transportation

State annual inspection requirement which causes delay is preempted under the "obstacle" test; marking requirements are preempted because not "substantively the same as" requirements in the HMR; annual registration is not preempted.

PD-4(R)

Closed

Public Notice: 8/21/92 (57 FR 38081).

Decision: 9/20/93 (58 FR 48933).

Action on Petition for Reconsideration: 2/15/95 (60 FR 8800).

"Four-Pack"
(4952 & 7486)

PDA-7(R)

12/31/92

HASA, Inc.

PDA-9, 10, 11(R)

1/26/93

Swimming Pool Chemical
Manufacturers Assn.

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

--County prohibition against tank car remaining on a siding at point of delivery, connected, for more than 24 hours and requiring attendance during tank car unloading is preempted as not "substantively the same as" HMR.
--County fee on hazmat unloading preempted because not used for transportation-related purposes.
--County prohibition on on-site storage in tank cars, requirement to unload tank car only to atmospheric or portable tank not preempted as not within reach of HMR.
--County permit requirement to report information not preempted because authorized by another Federal law.

--State law imposing information reporting requirements (hazmat inventories, business plans, risk management plans) on handlers of hazmat not preempted because authorized by another Federal law.
--County requirements for labeling, name-plating, and placarding hazmat stored on-site; for safety equipment for motor vehicles moving hazmat within a facility; and for on-site storage, transportation and handling of cryogenic fluids not preempted as not within reach of HMR.
--County permit provisions implementing State information reporting requirements not preempted because authorized by another Federal law.

Open

PD-9(R)

PD-8, 10, 11(R)

Public Notices: 1/26/93 (58 FR 6170), 10/14/93 (58 FR 53239).

Decision: 2/15/95 (60 FR 8783), combined

Action on petitions for reconsideration deferred pending:
--HM-223 rulemaking, "Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage"; final rules published 10/30/03 (68 FR 61906) and 4/15/05 (70 FR 20018); petitions for review dismissed, 10/13/06; petitions for rehearing and rehearing en banc denied 2/15/07 (Nos. 03-1456 & 05-1191, D.C. Cir.).
--ongoing project to examine recommended practices for loading and unloading bulk packages of hazardous materials; see notices published 1/4/08 (73 FR 918), 2/8/08 (73 FR 7628), 3/11/11 (76 FR 13313)

Prior petition for judicial review dismissed without prejudice, 5/7/02 (D.D.C., Civil Action No. 00-1312 (WBB)).

PDA-8(R)
(4952 ##  216-224 &
7486 ## 16-24)

1/5/93

Chemical Waste Transportation Institute

Michigan statute and regulations re marking of motor vehicles carrying hazardous and liquid industrial wastes

State truck marking requirements different from HMR are preempted under "substantively the same as" test for trucks carrying hazardous materials and are preempted under the “obstacle” test for trucks not carrying hazardous materials.

PD-6(R)

Closed

Public Notice: 1/26/93 (58 FR 6176).

Decision: 2/9/94 (59 FR 6186).

PDA-12(R) (14666)

4/16/93

Chemical Waste Transportation Institute and the National Tank Truck Carriers, Inc.

Maryland regulations re hazardous materials drivers' training and certification requirements

Training and certification requirements for motor vehicle operators loading or unloading oil or hazardous substances, which exceed Federal training requirements, are preempted as applied to non-resident drivers and not preempted as applied to resident drivers.

PD-7(R)

Closed

Public Notice: 5/19/93 (58 FR 29322).

Decision: 6/3/94 (59 FR 28913).

Action on Petition for Reconsideration: 2/24/95 (60 FR 10419).

PDA-13(R) (14670)

9/27/93

Chemical Waste Transportation Institute

New York regulations re transfer and interim storage of hazardous waste

State regulations prohibiting repackaging hazardous waste and requiring additional information on the manifest are preempted. No finding on requirement for secondary containment at a transfer facility

PD-12(R)

Closed

Public Notices: 10/15/93 (58 FR 53614); 12/13/93 (58 FR 65226); 1/31/94 (59 FR 4312).
Decision: 12/6/95 (60 FR 62527).

Action on Petition for Reconsideration: 4/3/97 (6 FR 15970), Judicial review dismissed, New York v. U.S. Dept. of Transportation, 37 F. Supp.2d 152 (N.D.N.Y. 1999).

PDA-14(R)

12/10/95

National Tank Truck Carriers, Inc.

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

Application withdrawn and docket closed because City of El Paso passed ordinance that deleted hazmat truck permit requirement.

N/A

Closed

Public Notice: 1/19/96 (61 FR 1432).

Public Notice Closing Docket: 3/21/96 (61 FR 11677).

PDA-15(R) (14614)

3/4/96

Association of Waste Hazardous Materials Transporters

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

Fire Code requirements are not preempted because they do not apply to transportation subject to the HMR.

PD-14(R)

Closed

Public Notices: 3/20/96 (61 FR 11463), 4/9/97 (62 FR 17281).

Decision: 12/7/98 (63 FR 67506).

Action on Petition for Reconsideration: 6/24/99 (64 FR 33949).

PDA-16(R) (2581)

4/8/97

New York Propane Gas Association

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

Permit requirement is preempted with respect to trucks based outside of Nassau County, because annual inspection causes unnecessary delay in transportation of HM. Certificate of fitness requirement is preempted as applied to motor vehicle driver as additional training requirement.

Public Notice: 6/10/97 (62 FR 31661).

Decision: 8/25/98 (63 FR 45283).

Action on Petition for Reconsideration, 10/10/00 (65 FR 60238). Judicial review dismissed, The Office of the Fire Marshal of the County of Nassau v. U.S. Dept. of Transportation, Civil Action No. 00-7200 (E.D. N.Y. Mar. 18, 2002).

PDA-17(R) (2968)

5/12/97

William E. Comley, Inc. & TWC Corporation

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

Written requirements of the State of Ohio are consistent with the HMR, and there is no evidence that PUCO applies or enforces a general requirement for the use of a DOT specification cargo tank motor vehicle to transport hypochlorite with less than 16% available chlorine.

PD-15(R)

Closed

Public Notice: 10/10/97 (62 FR 53049).

Decision: 3/29/99 (64 FR 14965).
Action on Petition for Reconsideration: 8/13/99 (64 FR 44265). Complaint for judicial review dismissed, William E. Comley, Inc. v. U.S. Dept. of Transportation, Civil No. C-1-99-880 (S.D. Ohio, June 6, 2000); appeal dismissed, No. 00-3860 (6th Cir. July 12, 2000).

PDA-18(R) (3577)

3/4/98

Association of Waste Hazardous Materials Transporters

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.

Requirements preempted: (1) certain hazardous materials definitions and requirements that rely on those definitions, (2) written notification of a hazardous materials release, (3) shipping paper retention for certain hazardous materials transporters, (4) licensing fees for hazardous waste transporters, and (5) monthly transportation activity reporting.

Requirements not preempted: (1) oral notification of a hazardous materials release, (2) packaging standards for hazardous waste transport vehicles, (3) shipping paper retention for hazardous waste transporters, (4) periodic vehicle inspection and (5) vehicle marking.

PD-18(R)

Closed

Public Notices: 8/6/98 (63 FR 42098), 11/2/99 (64 FR 59231).

Decision: 12/27/00 (65 FR 81950).

Action on Petition for Reconsideration: 5/17/02 (67 FR 35193).

PDA-19(R) (3599)

3/9/98

National Tank Truck Carriers, Inc.

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

Requirements for marking vehicle to indicate that a vapor tightness test has been performed and for keeping test records – which differ from the HMR, are preempted.

Public Notice: 6/2/98 (63 FR 30032); comment period expired: 8/31/98.

Decision: 1/23/09 (74 FR 4291)

Petition for reconsideration submitted 2/12/09; Notice reopening period for comments on petition for reconsideration 8/26/10 (75 FR 52591)

PDA-20 RF (3579)

3/2/98

Association of Waste Hazardous Materials Transporters

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

Requirements preempted as an obstacle to accomplishing and carrying out Federal hazardous material transportation law and the HMR: (1) day-of-week and time-of-day restrictions in Downtown Area, with respect to radiopharmaceuticals only; (2) advance notification, routing, and escort for pickup or delivery of explosives; and (3) separation distance between vehicles transporting explosives or other hazardous materials

PD-20(RF)

Closed

Public Notices: 9/17/98 (63 FR 49804); 6/30/99 (64 FR 35239).

Decision: 6/1/01 (66 FR 29867).

PDA-21(R) (3665)

3/23/98

Association of Waste Hazardous Materials Transporters

Tennessee annual remedial action fee and written incident reporting requirements.

Annual remedial action fee is preempted because it is not fair and not used for purposes related to transportation of hazardous material. Written incident reporting requirement is preempted because it is not substantively the same as HMR requirement.

PD-21(R)

Closed

Public Notices: 4/9/98 (63 FR 17479), 4/16/98 (63 FR 18964).
Decision: 10/6/99 (64 FR 54474).
Complaint for judicial review, Tennessee v. U.S. Dept. of Transportation: Order denying claim of state sovereignty, C.A.No. C-3-99-1126 (M.D. Tenn. Feb. 27, 2001); affirmed and remanded, 326 F.3d 729 (6th Cir. 2003); cert. denied, 11/3/03 (124 S. Ct. 464); judgment in favor of DOT and AWHMT (6/28/04).

PDA-22(R) (7092)

1/18/00

American Trucking Associations

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

Requirements preempted:
(1) annual cargo tank inspection requirements as applied to vehicles based outside the state because the requirements cause unnecessary delay in hazardous materials transportation;
(2) employee examination and identification card requirements as applied to non-domiciled LP-gas personnel because the HMR prohibit States from applying additional training requirements to drivers domiciled outside the state;
(3) LP gas transporter license fee because the fee is neither fair nor used for hazardous materials transportation purposes.

PD-22(R)

Closed

Public Notice: 3/31/00 (65 FR 17335).

Decision: 9/20/02 (67 FR 59396).

Action on Petition for Reconsideration: 9/22/03 (68 FR 55080)

PDA-23(RF) (7021)

12/30/99

Med/Waste, Inc. & Sanford Motors, Inc.

Morrisville, PA requirements for transporting "dangerous waste," including routing restrictions and manifest requirement. Definitions of "infectious waste," "hospital waste," and "dangerous waste"; routing limitation; and requirement for manifest are preempted.

PD-23(RF)

Closed

Public Notice: 4/14/00 (65 FR 20258).

Decision: 7/17/01 (66 FR 37260).

Action on petition for reconsideration: 1/22/02 (67 FR 2948).

PDA-24(R) (7126)

2/28/00

Institute of Makers of Explosives

New Jersey prohibition against transporting blasting caps on the same motor vehicle with more than 5,000 lbs. of other commercial explosives.

Prohibition is preempted when applied to transportation on a public road or during activities that are incidental to the movement of property and involve a safety aspect of transportation on a public road.

Public Notice: 4/7/00 (65 FR 18422).

Decision: 6/8/01 (66 FR 30985).

PDA-25(R) (7740)

6/28/00

The Kiesel Company

Missouri prohibition of recontainerization of hazardous waste at transfer facility

Prohibition against recontainerization is preempted because it is not substantively the same as packing requirements in the HMR.

PD-25(R)

Closed

Public Notices: 8/14/00 (65 FR 49633); 12/11/00 (65 FR 77417).

Decision: 7/16/01 (66 FR 37089).

PDA-26(R) (8026)

8/16/00

Boston & Maine Corporation

Massachusetts definition (designations) of hazardous materials

Definitions in State environmental "clean up" laws do not deal directly with transportation and are not preempted.

PD-26(R)

Closed

Public Notices: 11/16/00 (65 FR 69365); 12/19/00 (65 FR 79458); 2/02/01 (66 FR 8845), 5/30/01 (66 FR 29376); comment period expired: 6/12/01.

Decision: 1/23/09 (74 FR 4287)

PDA-27(R) (7906)

8/30/00

ATOFINA Chemicals, Inc.

Louisiana requirements for hazardous materials incident notification

Immediate telephone notification requirement is not preempted; written reporting requirement is preempted.

PD-27(R)

Closed

Public Notice: 10/17/00 (65 FR 61370); comment period expired: 1/16/01.

Decision: 11/30/04 (69 FR 68677).

PDA-28(R) (10293)

5/31/01

Town of Smithtown, New York

Town requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections.

Permit requirement is preempted with respect to trucks based outside of the Town of Smithtown, because annual inspection causes unnecessary delay in transportation of HM. Certificate of fitness requirement is preempted as applied to motor vehicle driver as additional training requirement.

PD-28(R)

Closed

Public Notice: 8/9/01 (66 FR 41931).

Decision: 3/29/02 (67 FR 15276)

PDA-29(R) (13481)

8/30/02

Medical Waste Institute

Massachusetts regulations on storage and disposal of infectious or physically dangerous medical or biological waste.

Different requirements for packaging medical waste for transportation in commerce, labeling requirements, and contents and retention of manifest are preempted. Requirements that generator prepare and sign a shipping paper are not preempted to the extent that they are applied and enforced in the same manner as the HMR.

PD-29(R)

Closed

Public Notice: 12/12/02 (67 FR 76444).

Decision: 6/22/04 (69 FR 34715)

PDA-30(R) (16456)

10/15/03

Societé Air France

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

Federal law preempts permit requirement based on submission of a hazardous materials management plan and hazardous materials inventory statement and separation requirements.

PD-30(R)

Closed

Public Notice: 11/13/03 (68 FR 64413).

Decision: 2/23/06 (71 FR 9413)

PDA-31(F)
FMCSA-2005-20930

3/14/05

American Trucking Associations, Inc.

District of Columbia Ordinance prohibiting transportation of certain quantities of explosives (Divisions 1.1 & 1.2), flammable gases, poisonous gases and other poisonous materials in Hazard Zones A & B within a 2.2 mile radius of the U.S. Capitol Building ("Capitol Exclusion Zone") is preempted for failure to comply with FMCSA standards for highway routing designations.

PD-31(F)

Closed

Public Notice: 4/20/05 (70 FR 20630)

Decision: 4/10/06 (71 FR 18137)

PDA-32(R)
PHMSA-2007-28444

5/8/07

Electronic Industries Alliance

Maine Department of Environmental Protection requirements on transportation of cathode ray tubes (CRTs) and glass removed from CRTs are not preempted because they do not apply or pertain to materials regulated under Federal hazmat law or the HMR and do not otherwise create an obstacle to Federal hazmat law or the HMR.

PD-32(R)

Closed

Public Notice: 5/6/08 (73 FR 25079).

Decision: 9/10/09 (74 FR 46644).

PDA-33(F)
FMCSA-2004-0204

5/30/08
American Trucking Associations, Inc.

7/18/08
Massachusetts Department of Highways

Boston, Massachusetts designation and restriction of routes for transportation of hazardous materials are preempted because modification of the designated route and enforcement of de facto ban system did not comply with FMCSA regulations in 49 CFR part 397.

PD-33(F)

Closed

Public Notices: 8/8/08 (73 FR 46349); 9/2/08 (73 FR 51335).

Decision: 11/16/09 (74 FR 59021)

PDA-34(R)
PHMSA-2009-0017

6/26/07, 9/11/08

AMTROL, Inc.

Common law tort claims concerning design and marking or labeling of DOT specification 39 compressed gas cylinders are preempted because they would create requirements which are not substantively the same as requirements in the HMR.

PD-34(R)

Closed

Public Notice: 1/30/09 (74 FR 5723).

Decision: 7/3/12 (77 FR 39567)

PDA-35(R)
PHMSA-2011-0294

9/19/11

Healthcare Waste Institute

New Jersey Regulations on Transportation of Regulated Medical Waste

PD-35(R)

Public Notice: 11/10/11 (76 FR 70220)

Decision: 12/12/13 (78 FR 75672)

PDA-36(R)
PHMSA-2014-0002

12/12/13

American Trucking Associations, Inc.

Pittsburgh, Pennsylvania Permit Requirements for Transportation of Hazardous Material

Open

PDA-37(R)
PHMSA-2014-0003

New York City Permit Requirements for Transportation of Certain Hazardous Materials

Open