Section 173.3000  Incorporation by Reference of 49 CFR 173

a)         As Part 173 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates 49 CFR 173 by reference, as that part of the federal hazardous materials transportation regulations was in effect on October 1, 2017,  subject only to the exceptions in subsection (b) of this Section.  No later amendments to or editions of 49 CFR 173 are incorporated.

b)         The following interpretations of, additions to, and deletions from 49 CFR 173 shall apply for purposes of this Part.

1)         All references to "this part" in the incorporated federal regulations shall mean this Part 173 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 those parts or sections in the federal hazardous materials transportation regulations.

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

6)         49 CFR 173.8(d)(3) is not incorporated by reference and is replaced by the following:

            A non-specification metal tank having a capacity of less than 450 liters (119 gallons) is authorized in Illinois for the transportation of flammable liquid petroleum products by an intrastate motor carrier subject to the following conditions:

A)        Containers shall be tanks constructed of 18 gauge or heavier steel or equivalent gauge aluminum.

B)        Tanks shall be securely fastened to prevent separation from the vehicle.

C)        Tanks shall be electrically bonded to the frame of the vehicle.

D)        Tanks shall be protected against leakage or damage in the event of a turnover.

E)        Tanks may not be drained by gravity.  Top mounted pumps must be designed and labeled for use with flammable and combustible liquids.  No top mounted pump shall be higher than the highest point of the vehicle or permanently attached appurtenances (i.e., roll bars).

F)         Flammable liquid petroleum products being transported on a single vehicle may not exceed 450 liters (119 gallons).

G)        Flammable liquid petroleum product is offered for transportation and transported in conformance with all other applicable requirements of this Subchapter.

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.

AGENCY NOTE:  To clarify the provisions of 49 CFR 173.315(a) Note 17 (7), the transportation of anhydrous ammonia was permitted within Illinois prior to January 1, 1981 as follows: Only specifications MC-330 and MC-331 cargo tanks with a design pressure of 250 p.s.i.g., that had been in anhydrous ammonia service in Illinois prior to February 1, 1979, could continue in such service subject to continued qualification as required by all design and testing requirements specified by 49 CFR 180.  Non-specification cargo tanks, other than nurse tanks (49 CFR 173.314(m)), were not authorized in Illinois for anhydrous ammonia service.  All specifications MC-330 and MC-331 cargo tanks placed in such service after February 1, 1979 had to meet all requirements for the specification, including a minimum design service of  265 p.s.i.g.

AGENCY NOTE:  To clarify the provisions of 49 CFR 173.315(k)(6), the transportation of liquefied petroleum gas within Illinois prior to January 1, 1981 was as follows:  Non-specification cargo tanks used to transport liquefied petroleum gas were not authorized for intrastate transportation within Illinois prior to January 1, 1981.

(Source:  Amended at 42 Ill. Reg. 2916, effective January 24, 2018)