Is federal law preempting state claims for hazardous material transport?

Short answer

Federal law preempts state claims for hazardous material transport in certain areas, such as the designation and classification of hazardous materials, packaging, and handling. States may impose requirements that are substantively the same as federal regulations, but any requirement that is not the same is preempted.

The rule says

"Any requirement of a State or political subdivision thereof or an Indian tribe that concerns one of the following subjects and that is not substantively the same as any provision of the Federal hazardous materials transportation law, a regulation issued under the Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security that concerns that subject, is preempted: (1) The designation, description, and classification of hazardous material." (49 CFR 107.202(a))

"The packing, repacking, handling, labeling, marking, and placarding of hazardous material." (49 CFR 107.202(a))

"The preparation, execution, and use of shipping documents pertaining to hazardous material and requirements related to the number, content, and placement of those documents." (49 CFR 107.202(a))

In plain English

This means that states cannot impose their own rules on the transportation of hazardous materials if those rules conflict with federal regulations. For example, a state cannot require a different classification system for hazardous materials or impose additional packaging requirements that are not substantively the same as federal regulations. However, states can impose requirements that are identical to federal regulations, and they can also impose additional requirements in areas not covered by federal regulations, such as route restrictions or fees.

What to do

• Review federal regulations on hazardous materials transportation to understand the areas where state laws are preempted.
• Ensure that any state or local requirements imposed on hazardous materials transportation are substantively the same as federal regulations.
• Consult with legal counsel to determine whether any state or local requirements are preempted by federal law.
• Develop a compliance program that ensures adherence to both federal and state regulations on hazardous materials transportation.