The Hazardous Materials Regulations (HMR) apply to the transportation and offering of hazardous materials in commerce. Because of the inherent risks involved, handling of hazardous materials is regulated at all levels of government. As such, Shippers and carriers of hazardous materials are not only subject to the federal HMR, but are also required to follow individual state regulations. In general, no person may offer or accept hazardous materials in commerce unless the hazardous material is properly classed, described, packaged, marked, labeled, and is in the required condition for shipment.
With regard to the transportation of hazardous materials under the HMR, states are expressly preempted from promulgating any regulation that is substantively different from the federal packaging, labeling, marking, and placarding requirements. In most cases, states require shippers and carriers to comply with the federal requirements when preparing hazardous materials for transport. However, states are free to include more stringent requirements.
The following chart is intended to illustrate examples wherein a state provides a more stringent regulatory requirement on shippers and carriers of hazardous materials. It is for information only and is not intended to be, nor is it, legal advice or an exhaustive review of all law, regulations, procedures, and policies applicable to the subject matter thereof. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.
State | Hazardous Materials State Statute or Code | Specific Citation to Additional Requirements | Summary of Additional Requirements |
Alabama | Ala. Admin Code r. 760-x-1-.01
| Additional Stopping requirements for vehicles carrying hazardous materials. Additional notification requirements to the Alabama Department of Public Safety. | |
Alaska | None | None | |
Arizona | Exceptions and amendments to the federal regulations. | ||
Arkansas | None | None | |
California | Cal. Code Regs. tit. 13, § 1160.1 Cal. Code Regs. tit. 13, § 1161.7 | Exceptions and Special Applications. Carrier and Shipper Hazardous Materials Training Requirements. Hazardous Materials Transportation License. | |
Colorado |
| Transportation Permit-Application Fee. Prohibition against abandonment of vehicle containing hazardous material. Incident Notification.
Longer Vehicle Combinations. | |
Connecticut | None | None | |
Delaware | Packages or containers of hazardous materials exempt from federal regulations must be marked “DOT-E” followed by the number assigned. Same requirement for shipping papers. | ||
District of Columbia | Exemptions. Routing. | ||
Florida | Hazardous Materials violations are first degree misdemeanors. | ||
Georgia | Permit requirements. Special conditions applying to certain movements. | ||
Hawaii | None | None | |
Idaho | None | None | |
Illinois | Exemptions from regulations governing packages or containers of hazardous materials must be marked “DOT-E” followed by the number assigned. Same requirement for shipping paper. | ||
Indiana | Limitations on nonspecification bulk and nonbulk packaging, including cargo tank motor vehicles. | ||
Iowa |
|
Declaration of knowledge of regulations. | |
Kansas | None | None | |
Kentucky | Incident notification within 1 hour. Penalty provision requires willful state of mind. | ||
Louisiana |
|
Driver exemptions. | |
Maine | None | None | |
Maryland | None | None | |
Massachusetts | Transportation of Explosives. Transportation of Flammable and Combustible Liquids. | ||
Michigan | Incident notification requirements. Combustible Liquids and gases. Prohibited transfer of hazardous material. Transportation of hazardous materials on public routes. | ||
Minnesota | Exceptions for farmers, agricultural retailers, cargo tanks, and certain gasoline trucks. | ||
Mississippi | None | None | |
Missouri |
None |
None | |
Montana | None | None | |
Nebraska | Transportation of Explosives. Safe traveling distance for carriers of explosives and other hazardous materials. | ||
Nevada | Accident/Incident response. Unlawful acts: Gross Misdemeanors. | ||
New Hampshire | Immediate notice of certain hazardous materials incidents. | ||
New Jersey | N.J. Admin. Code § 16:49-1.2(a) N.J. Admin. Code § 16:49-1.2(d)-(e) | Omitted references. Accident/Incident reporting and notification. Waiver. Restrictions in the Route 29 Tunnel facility. | |
New Mexico | None | None | |
New York | N.Y. Comp. Codes R. & Regs. tit. 17 § 820.8(f) N.Y. Comp. Codes R. & Regs. tit. 17 § 820.8(g) | 24 hour hotline for intrastate transportation. Reporting requirements.
Incident Notification. Penalties. | |
North Carolina | None | None | |
North Dakota | Agricultural operations. Petroleum Products. | ||
Ohio | Determination of base state. Uniform program registration. Certification. Marking of vehicles. | ||
Oklahoma | Deletions, substitutions, and additions to the federal rules. | ||
Oregon | Incident Notification. | ||
Pennsylvania | Supplemental rules for carrier registration, towing, extended loads, and special permits for cargo tanks. | ||
Rhode Island | None | None | |
South Carolina | None | None | |
South Dakota | S.D. Codified Laws § 49-28A-3(1)-(3) | Modifications to the federal regulations. Hours of service exemption for planting and harvesting season. Enforcement criteria: Commercial Vehicle Alliance North American Standard Out-of-Service. | |
Tennessee | Fines.
Route restrictions in Knox County, Tennessee. | ||
Texas | Explanations and exceptions. Administrative Penalties. | ||
Utah | None | None | |
Vermont | Notification and enforcement. | ||
Virginia |
Tunnel Restrictions | ||
Washington | None | None | |
West Virginia | Uniform hazardous materials registration and permit. | ||
Wisconsin | Exclusions. Stopping at railroad crossings. | ||
Wyoming | None | None |
Updated: 06/06/2012