Ask X3Is federal law preempting state claims for hazardous materials transport?
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Short answer
Federal law preempts state claims for hazardous materials transport in certain areas, such as the designation and classification of hazardous materials, packaging, and handling. States may impose fees related to transporting hazardous materials if the fee is fair and used for a purpose related to transporting hazardous materials.
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" (49 CFR 107.202(a))
"A State, political subdivision, or Indian tribe may impose a fee related to transporting hazardous material only if the fee is fair and used for a purpose related to transporting" (49 CFR 107.202(c))
In plain English
Federal law takes precedence over state laws when it comes to the transportation of hazardous materials. This means that states cannot impose their own rules or regulations on the transportation of hazardous materials if those rules conflict with federal law. However, states can impose fees related to the transportation of hazardous materials as long as the fee is fair and used for a purpose related to transporting hazardous materials. This preemption helps to ensure consistency and safety in the transportation of hazardous materials across state lines.
What to do
- Review federal regulations on hazardous materials transportation to understand the areas where federal law preempts state law.
- Ensure that any state or local regulations on hazardous materials transportation are substantively the same as federal regulations.
- Verify that any fees imposed by states related to hazardous materials transportation are fair and used for a purpose related to transporting hazardous materials.