Under the Hazardous Materials Transportation Act (HMTA) of 1975, state, tribal and local directives that are inconsistent with the federal law are preempted unless they afford equal or greater protection to the public than the HMTA requirements.
The following charts show state and tribal permitting, licensing and registration requirements for hazardous materials, hazardous waste and radioactive materials transporters. Hazardous waste is generally defined as waste that poses a significant threat to public health or the environment. Some states, including Alabama, Hawaii, Maine and Utah, specifically define what types of waste are considered hazardous. Radioactive material is generally defined as material that poses a threat to public health and the environment because it emits radiation.
- Twenty-eight states and the Menominee Indian Tribe of Wisconsin require hazardous waste shippers to obtain special permits or licenses.
- Fifteen states and the Menominee Indian Tribe of Wisconsin require hazardous waste transporters to register with the state or tribe.
- Twenty-seven states, the District of Columbia and the Menominee Indian Tribe of Wisconsin have laws addressing a variety of issues related to shipping radioactive materials.
- Six states—Idaho, Illinois, Indiana, Nevada, Virginia and West Virginia—and the Menominee Indian Tribe of Wisconsin require radioactive materials transporters to register before shipping such materials. Radioactive materials transporter licenses are generally limited to specific kinds of radioactive materials such as low-level radioactive waste and high-level radioactive waste, or mixed waste (both chemical and radioactive).