Administrative Code

Virginia Administrative Code
6/13/2024

Part II. General Information and Legislative Authority

9VAC20-110-20. Authority for regulations.

A. These regulations are issued under authority of Article 7 (§ 10.1-1450 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia, Transportation of Hazardous Materials, and Chapter 3.3 (§ 44-146.30) of Title 44 of the Code of Virginia.

B. Section 10.1-1450 of the Code of Virginia assigns the Virginia Waste Management Board the responsibility for promulgating regulations governing the transportation of hazardous materials. Section 44-146.30 of the Code of Virginia also assigns to the board the responsibility for promulgating regulations by which the coordinator will maintain a register of shippers of hazardous radioactive materials and monitor transportation of hazardous radioactive materials within the Commonwealth, that may constitute a significant potential danger to the citizens of the Commonwealth in the event of accidental spillage or release.

C. The board is authorized to promulgate rules and regulations designating the manner and method by which hazardous materials shall be loaded, unloaded, packed, identified, marked, placarded, stored and transported, such rules to be no more restrictive than any applicable federal laws or regulations.

Statutory Authority

§ 10.1-1450 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. March 20, 1996; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

9VAC20-110-30. Purpose of regulations.

The purpose of these regulations is to regulate the transportation of hazardous materials and to maintain a register of shippers and monitor the transportation of hazardous radioactive materials requiring advance notification in Virginia.

Statutory Authority

§ 10.1-1450 of the Code of Virginia.

Historical Notes

Derived from VR672-30-1 § 2.2, eff. November 12, 1986; amended, Virginia Register Volume 4, Issue 21, eff. August 18, 1988; Volume 5, Issue 14, eff. May 12, 1989; Volume 7, Issue 1, eff. November 7, 1990; Volume 7, Issue 19, eff. July 17, 1991; Volume 8, Issue 16, eff. June 3, 1992; Volume 9, Issue 11, eff. March 24, 1993; Volume 12, Issue 11, eff. March 20, 1996; Volume 19, Issue 19, eff. July 2, 2003.

9VAC20-110-40. Administration of regulations.

A. The director has the responsibility to administer these regulations. When used in these regulations in any such provisions as may be adopted from 49 CFR Parts 107, 171 through 180, and 390 through 397, except in reference to regulations on international transportation, United States means the "Commonwealth of Virginia"; Environmental Protection Agency means the "Virginia Department of Environmental Quality"; and the Secretary of Transportation, regional director, and administrator mean the "director," unless the context clearly indicates otherwise.

B. The department is responsible for the planning, development and implementation of programs to meet the requirements of Article 7 (§ 10.1-1450 et seq.) of Chapter 14 of Title 10.1 and Chapter 3.3 (§ 44-146.30) of Title 44 of the Code of Virginia.

C. The coordinator is responsible for registering shippers and monitoring transportation of hazardous radioactive materials in accordance with these regulations.

D. The Radiation Advisory Board, established pursuant to § 32.1-233 of the Code of Virginia, shall make recommendations to the director and the board, furnishing such technical advice as may be required, on matters related to development, utilization, and regulations of sources of ionizing radiation.

Statutory Authority

§ 10.1-1450 of the Code of Virginia.

Historical Notes

Derived from VR672-30-1 § 2.3, eff. November 12, 1986; amended, Virginia Register Volume 4, Issue 21, eff. August 18, 1988; Volume 5, Issue 14, eff. May 12, 1989; Volume 7, Issue 1, eff. November 7, 1990; Volume 7, Issue 19, eff. July 17, 1991; Volume 8, Issue 16, eff. June 3, 1992; Volume 9, Issue 11, eff. March 24, 1993; Volume 12, Issue 11, eff. March 20, 1996; Volume 19, Issue 19, eff. July 2, 2003.

9VAC20-110-50. Application of regulations.

Notwithstanding the limitations contained in 49 CFR 171.1(a)(3), and subject to the exceptions set forth in 9VAC20-110-60, these regulations apply to any person who transports hazardous materials or hazardous radioactive materials, or offers such materials for shipment.

Statutory Authority

§§ 10.1-1402 and 10.1-1450 of the Code of Virginia.

Historical Notes

Derived from VR672-30-1 § 2.4, eff. November 12, 1986; amended, Virginia Register Volume 4, Issue 21, eff. August 18, 1988; Volume 5, Issue 14, eff. May 12, 1989; Volume 7, Issue 1, eff. November 7, 1990; Volume 7, Issue 19, eff. July 17, 1991; Volume 8, Issue 16, eff. June 3, 1992; Volume 9, Issue 11, eff. March 24, 1993; Volume 12, Issue 11, eff. March 20, 1996.

9VAC20-110-60. Exceptions.

Nothing contained in these regulations shall apply to regular military or naval forces of the United States, nor to the duly authorized militia of any state or territory thereof, nor to the police or fire departments of this Commonwealth, providing the same are acting within their official capacity and in the performance of their duties.

The shipment or transportation of hazardous radioactive materials by the U.S. Government, for military or national defense, that is specifically exempt from federal regulations is not subject to the requirements of these regulations. Nothing herein shall be construed as requiring the disclosure of any defense information or restricted data as defined in the Atomic Energy Act of 1954 (68 Stat 919) or the Energy Reorganization Act of 1974 (42 USCS § 5841), as amended.

Statutory Authority

§§ 10.1-1402 and 10.1-1450 of the Code of Virginia.

Historical Notes

Derived from VR672-30-1 § 2.5, eff. November 12, 1986; amended, Virginia Register Volume 4, Issue 21, eff. August 18, 1988; Volume 5, Issue 14, eff. May 12, 1989; Volume 7, Issue 1, eff. November 7, 1990; Volume 7, Issue 19, eff. July 17, 1991; Volume 8, Issue 16, eff. June 3, 1992; Volume 9, Issue 11, eff. March 24, 1993; Volume 12, Issue 11, eff. March 20, 1996.

9VAC20-110-70. Regulations not to preclude exercise of certain regulatory powers.

Pursuant to § 10.1-1452 of the Code of Virginia, the provisions of these regulations shall not be construed so as to preclude the exercise of the statutory and regulatory powers of any agency, department or political subdivision of the Commonwealth having statutory authority to regulate hazardous materials on specified highways or portions of them.

Statutory Authority

§§ 10.1-1402 and 10.1-1450 of the Code of Virginia.

Historical Notes

Derived from VR672-30-1 § 2.6, eff. November 12, 1986; amended, Virginia Register Volume 4, Issue 21, eff. August 18, 1988; Volume 12, Issue 11, eff. March 20, 1996.

9VAC20-110-80. Transportation under United States regulations.

Pursuant to § 10.1-1454 of the Code of Virginia, any person transporting or offering for shipment hazardous materials in accordance with regulations promulgated under the laws of the United States, shall be deemed to have complied with the provisions of these regulations, except when such transportation is excluded from regulation under the laws or regulations of the United States.

Statutory Authority

§§ 10.1-1402 and 10.1-1450 of the Code of Virginia.

Historical Notes

Derived from VR672-30-1 § 2.7, eff. November 12, 1986; amended, Virginia Register Volume 4, Issue 21, eff. August 18, 1988; Volume 12, Issue 11, eff. March 20, 1996.

9VAC20-110-90. Enforcement.

A. The Department of State Police and all other law-enforcement officers of the Commonwealth who have satisfactorily completed the course in Hazardous Materials Compliance and Enforcement as prescribed by the U.S. Department of Transportation in federal safety regulations and safety inspection procedures pertaining to the transportation of hazardous materials, shall enforce the provisions of Article 7 (§ 10.1-1450 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia, and any rule or regulation promulgated herein. Those law-enforcement officers certified to enforce the provisions of this article, and any regulations promulgated under such article, shall annually receive in-service training in current federal safety regulations and safety inspection procedures pertaining to the transportation of hazardous materials.

B. Judicial enforcement of these regulations shall be governed by § 10.1-1455 of the Code of Virginia.

Statutory Authority

§§ 10.1-1450 and 44-146.30 of the Code of Virginia; 49 USC §§ 1809-1810 and 49 CFR Parts 107, 170-180, 383 and 390-397.

Historical Notes

Derived from VR672-30-1 § 2.8, eff. November 12, 1986; amended, Virginia Register Volume 4, Issue 21, eff. August 18, 1988; Volume 5, Issue 14, eff. May 12, 1989; Volume 7, Issue 1, eff. November 7, 1990; Volume 7, Issue 19, eff. July 17, 1991; Volume 8, Issue 16, eff. June 3, 1992; Volume 9, Issue 11, eff. March 24, 1993; Volume 12, Issue 11, eff. March 20, 1996; Volume 19, Issue 19, eff. July 2, 2003; Volume 20, Issue 24, eff. September 8, 2004; Volume 23, Issue 11, eff. March 21, 2007.

9VAC20-110-100. Application of Administrative Process Act.

The provisions of the Virginia Administrative Process Act, codified as § 2.2-4000 et seq. of the Code of Virginia, govern the adoption, amendment, modification, and revision of these regulations, and the conduct of all administrative proceedings hereunder.

Statutory Authority

§§ 10.1-1402 and 10.1-1450 of the Code of Virginia.

Historical Notes

Derived from VR672-30-1 § 2.9, eff. November 12, 1986; amended, Virginia Register Volume 4, Issue 21, eff. August 18, 1988; Volume 5, Issue 14, eff. May 12, 1989; Volume 7, Issue 1, eff. November 7, 1990; Volume 7, Issue 19, eff. July 17, 1991; Volume 8, Issue 16, eff. June 3, 1992; Volume 9, Issue 11, eff. March 24, 1993; Volume 12, Issue 11, eff. March 20, 1996; Volume 19, Issue 19, eff. July 2, 2003.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.