PART 171 HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER c: HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS
PART 171 HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS

AUTHORITY: Implementing Section 4(a) and authorized by Section 9(a) of the Illinois Hazardous Materials Transportation Act [430 ILCS 30/4(a) and 9(a)].

SOURCE: Adopted at 3 Ill. Reg. 5, p. 41, effective February 1, 1979; amended at 6 Ill. Reg. 4287, effective April 16, 1982; amended at 7 Ill. Reg. 3486, effective April 2, 1983; codified at 8 Ill. Reg. 17984; amended at 10 Ill. Reg. 9636, effective May 15, 1986; amended at 10 Ill. Reg. 20753, effective December 1, 1986; emergency amendment at 11 Ill. Reg. 1684, effective January 16, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 4772, effective March 10, 1987; amended at 11 Ill. Reg. 7767, effective April 14, 1987; amended at 11 Ill. Reg. 17886, effective October 20, 1987; amended at 12 Ill. Reg. 8078, effective April 26, 1988; amended at 13 Ill. Reg. 3984, effective March 14, 1989; amended at 14 Ill. Reg. 2621, effective February 1, 1990; amended at 15 Ill. Reg. 7752, effective May 7, 1991; amended at 16 Ill. Reg. 12208, effective July 20, 1992; amended at 18 Ill. Reg. 7861, effective May 6, 1994; amended at 20 Ill. Reg. 6539, effective April 30, 1996; emergency amendment at 21 Ill. Reg. 4043, effective March 17, 1997, for a maximum of 150 days; emergency expired August 13, 1997; amended at 22 Ill. Reg. 5694, effective March 4, 1998; amended at 22 Ill. Reg. 17011, effective September 30, 1998; amended at 25 Ill. Reg. 7292, effective May 19, 2001; amended at 26 Ill. Reg. 8927, effective June 5, 2002; amended at 28 Ill. Reg. 10076, effective July 1, 2004; peremptory amendment at 28 Ill. Reg. 11376, effective July 22, 2004; amended at 29 Ill. Reg. 671, effective December 20, 2004; peremptory amendment at 29 Ill. Reg. 1396, effective January 6, 2005; amended at 42 Ill. Reg. 2903, effective January 24, 2018.

 

Section 171.1  Purpose and Scope (Repealed)

 

 (Source:  Repealed at 29 Ill. Reg. 671, effective December 20, 2004)

 

Section 171.2  General Transportation Requirements (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 671, effective December 20, 2004)

 

Section 171.3  Hazardous Waste (Repealed)

                                                                                                           

(Source:  Repealed at 42 Ill. Reg. 2903, effective January 24, 2018)

 

Section 171.4  Exemptions (Renumbered)

 

(Source:  Renumbered to Section 171.17 at 18 Ill. Reg. 7861, effective May 6, 1994)

 

Section 171.5  Agricultural Exception (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 17011, effective September 30, 1998)

 

Section 171.6  Agricultural Exception (Renumbered)

 

(Source:  Renumbered to Section 171.5 at 16 Ill. Reg. 12208, effective July 20, 1992)

 

Section 171.7  Matter Incorporated by Reference (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 9636, effective May 15, 1986)

 

Section 171.8  Definitions and Abbreviations (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 9636, effective May 15, 1986)

 

Section 171.9  Rules of Construction (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 9636, effective May 15, 1986)

 

Section 171.12  Import and Export Shipments (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 9636, effective May 15, 1986)

 

Section 171.13  Imminent Hazard

 

No person may offer, accept, or transport a hazardous material in commerce by highway in Illinois, regardless of the quantity of hazardous material in the shipment or on the vehicle, if that material poses an imminent hazard as defined under 92 Ill. Adm. Code 107.1010.  The State Police are authorized to stop any vehicle that constitutes an imminent hazard.

 

(Source:  Amended at 42 Ill. Reg. 2903, effective January 24, 2018)

 

Section 171.14  Specification Markings (Repealed)

 

(Source:  Repealed at 10 Ill. Rg. 9636, effective May 15, 1986)

 

Section 171.15   Incident Reporting Requirements (Repealed)

 

(Source:  Repealed at 28 Ill. Reg. 10076, effective July 1, 2004)

 

Section 171.17  Special Permits

 

a)         No person may offer or accept a hazardous material for transportation in commerce if that hazardous material is subject to the provisions of a special permit issued by United States Department of Transportation (U.S. DOT) (49 CFR 107) unless the material is offered and accepted in accordance with the terms and conditions of the special permit or this Part.

 

b)         No person may transport a hazardous material in commerce if that hazardous material is subject to the provisions of a special permit issued by U.S. DOT unless the material is transported in accordance with the terms and conditions of the special permit or this Part.

 

c)         Special permits governing packages or containers of hazardous materials are subject to the following conditions:

 

1)         The outside of each package must be plainly and durably marked "DOT-SP" followed by the number assigned;

 

2)         Each shipping paper issued in connection with a shipment made under a special permit must, in association with the entries required by 49 CFR 172.203, bear the notation "DOT-SP" followed by the number assigned; and

 

3)         When a special permit issued to a shipper contains special carrier requirements, the shipper shall furnish a copy of the special permit to the carrier before or at the time a shipment is tendered.

 

(Source:  Amended at 42 Ill. Reg. 2903, effective January 24, 2018)

 

Section 171.18  Continuation of Effectiveness of Existing Bureau of Explosives Registrations (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 9636, effective May 15, 1986)

 

Section 171.19  Approvals or Authorizations Issued by the Bureau of Explosives (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 9636, effective May 15, 1986)

 

Section 171.21  Retailer Exception

 

AGENCY NOTE:  See 49 CFR 173.6 that is incorporated by reference at Section 173.3000 pertaining to Materials of Trade Exemption.

 

(Source:  Amended at 22 Ill. Reg. 5694, effective March 4, 1998)

 

Section 171.22  Agricultural Exceptions

 

a)         This Subchapter c does not apply to the transportation of an agricultural product (as defined in 49 CFR 171.8), other than Class 2 material, by a farmer as a private intrastate carrier over local roads between fields of the same farm in approved containers and in the amounts and manner specified in 49 CFR 173.5(b)(2) and (4).

 

b)         Transportation of a Class 2 agricultural product by a farmer as a private intrastate carrier over local roads between fields of the same farm in approved containers and in the amounts and manner specified in 49 CFR 173.5(b)(2) and (4) are excepted from the requirements of subparts G and H of 49 CFR 172.

 

c)         Transportation of an agricultural product to or from a farm, within 150 miles of the farm, in approved containers and conforming to 49 CFR 173.5(b)(1), (2) and (4) are excepted from the requirements in subparts G and H of 49 CFR 172.

 

d)         The following federal regulations may allow additional agricultural exceptions:

 

1)         49 CFR 173.5(c) pertaining to specification packagings used for aerial application of formulated liquid agricultural products.

 

2)         49 CFR 173.315(m) pertaining to nurse tanks of anhydrous ammonia.

 

3)         49 CFR 173.6 pertaining to materials of trade.

 

(Source:  Amended at 42 Ill. Reg. 2903, effective January 24, 2018)

 

Section 171.1000  Incorporation by Reference of 49 CFR 171

 

a)         As Part 171 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates the following sections of 49 CFR 171 by reference, as those sections of the federal hazardous materials transportation regulations were in effect on October 1, 2017, subject only to the exceptions in subsection (b) of this Section.  No later amendments to or editions of those sections of 49 CFR 171 are incorporated.

 

171.1

Applicability of Hazardous Materials Regulations (HMR) to persons and functions

171.2

General Requirements

171.3

Hazardous Waste

171.4

Marine Pollutants

171.7

Reference Material

171.8

Definitions and Abbreviations

171.9

Rules of Construction

171.10

Units of Measure

171.12

Import and Export Shipments

171.15

Immediate Notice of Certain Hazardous Materials Incidents

171.16

Detailed Hazardous Materials Incident Reports

171.19

Approvals or Authorizations Issued by the Bureau of Explosives

171.20

Submission of Examination Reports

171.21

Assistance in Investigations and Special Studies

171.22

Authorization and Condition for the Use of International Standards and Regulations

171.23

Requirements for Specific Materials and Packagings Transported Under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations

 

171.24

Additional Requirements for the Use of ICAO Technical Instructions

171.25

Additional Requirements for the Use of the IMDG Code

171.26

Additional Requirements for the Use of the IAEA Regulations

 

b)         The following interpretations of, additions to, and deletions from the above incorporated sections of 49 CFR 171 shall apply for purposes of this Part.

 

1)         All references to "this part" in the incorporated federal regulations shall mean this Part 171 of the Illinois Hazardous Materials Transportation Regulations.

 

2)         All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code:  Chapter I, Subchapter c.

 

3)         All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.

 

4)         All references to part 174, 175, or 176, or to sections in those parts, shall be read to refer to that part or sections in the federal regulations.

 

5)         All references to shipments of hazardous materials by air, water, and rail are incorporated for reference purposes only for those persons contemplating intermodal movements of hazardous materials.

 

6)         All references to "these regulations" or the Hazardous Materials Regulations (HMR) in the incorporated federal regulations shall be read to refer to the Illinois Hazardous Materials Transportation Regulations.

 

7)         All references to a "settlement agreement" in these regulations means a written understanding between the Department and the person being charged.

 

8)         49 CFR 171.1(f)(3) is not incorporated by reference and is replaced by the following:

 

Preemption determination procedures are in subpart C of 49 CFR 107.

 

9)         49 CFR 171.1(g) is not incorporated by reference and is replaced by the following:

 

Each person who knowingly violates a requirement of the federal hazardous materials transportation law, an order issued under the federal hazardous materials transportation law, subchapter A of Chapter I of 49 CFR, a special permit or approval issued under subchapter A or C of Chapter I of 49 CFR, or the Illinois Hazardous Materials Transportation Regulations is liable for penalties established and set forth in 92 Ill. Adm. Code 107.1190 and 107.1390.

 

10)         All references to approvals, exemptions, special permits, or registration referred to in 49 CFR 171.2 shall be read to refer to the federal hazardous materials regulations.

 

c)       Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www.ecfr.gov.

 

(Source:  Amended at 42 Ill. Reg. 2903, effective January 24, 2018)