TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The
following regulatory action is exempt from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which
excludes regulations that are necessary to meet the requirements of federal law
or regulations provided such regulations do not differ materially from those
required by federal law or regulation. The Virginia Waste Management Board will
receive, consider, and respond to petitions by any interested person at any
time with respect to reconsideration or revision.
Title of Regulation: 9VAC20-110. Regulations
Governing the Transportation of Hazardous Materials (amending 9VAC20-110-110).
Statutory Authority: §§ 10.1-1450 and 44-146.30 of the
Code of Virginia; 49 USC §§ 1809 through 1810; 49 CFR Parts 107, 170 through
180, 383, and 390 through 397.
Effective Date: May 3, 2017.
Agency Contact: Debra A. Harris, Planning and Policy
Specialist, Department of Environmental Quality, P.O. Box 1105, Richmond, VA
23218, telephone (804) 698-4209, or email debra.harris@deq.virgina.gov.
Summary:
The Regulations Governing the Transportation of Hazardous
Materials incorporate by reference certain federal regulations from Title 49 of
the Code of Federal Regulations. This amendment updates the regulation to
reflect the version of Title 49 of the Code of Federal of Regulations as published
on October 1, 2016.
Part III
Compliance with Federal Regulations
9VAC20-110-110. Compliance.
Every person who transports or offers for transportation
hazardous materials within or through the Commonwealth of Virginia shall comply
with the federal regulations governing the transportation of hazardous
materials promulgated by the U.S. Secretary of Transportation with amendments
promulgated as of October 1, 2015 2016, pursuant to the Hazardous
Materials Transportation Act, and located at Title 49 of the Code of Federal
Regulations as set forth below and which are incorporated in these regulations
by reference:
1. Special Permits. 49 CFR Part 107, Subpart B.
2. Registration of Cargo Tank and Cargo Tank Motor Vehicle
Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design
Certifying Engineers in 49 CFR Part 107, Subpart F.
3. Registration of Persons Who Offer or Transport Hazardous
Materials in 49 CFR Part 107, Subpart G.
4. Hazardous Materials Regulations in 49 CFR Parts 171 through
177.
5. Specifications for Packagings in 49 CFR Part 178.
6. Specifications for Tank Cars in 49 CFR Part 179.
7. Continuing Qualification and Maintenance of Packagings in
49 CFR Part 180.
8. Motor Carrier Safety Regulations in 49 CFR Parts 390
through 397.
VA.R. Doc. No. R17-4978; Filed March 1, 2017, 1:36 p.m.