TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The
Virginia Waste Management Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 3, which
excludes regulations that consist only of changes in style or form or
corrections of technical errors, and an exemption 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: August 21, 2019.
Agency Contact: Debra A. Harris, Department of
Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
698-4209, FAX (804) 698-4019, or email debra.harris@deq.virgina.gov.
Summary:
The amendment updates the federal regulations from Title 49
of the Code of Federal Regulations that are incorporated by reference into
Virginia's Regulations Governing the Transportation of Hazardous Materials
(9VAC20-110) to the latest version as published on October 1, 2018.
Part III
Compliance with Federal Regulations
9VAC20-110-110. Compliance.
A. 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, 2016 2018, 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.
B. The references to and
incorporation by reference of 49 CFR Part 390 into this chapter includes
the compliance date extension as promulgated by the U.S. Department of
Transportation's Federal Motor Carrier Safety Administration (83 FR 62505,
December 4, 2018).
VA.R. Doc. No. R19-5539; Filed June 27, 2019, 8:41 p.m.