Relationship to Federal Regulations - Idaho

The Idaho State Police (ISP) has adopted by reference portions of the federal hazardous materials transportation regulations contained in Title 49, Code of Federal Regulations (CFR), including Parts 107, 171-173, 177, 178, and 180. These regulations apply to interstate, foreign, and applicable intrastate carriers transporting hazardous materials, hazardous substances, or hazardous wastes within Idaho. Idaho does not adopt the rail, aircraft, vessel, and tank car requirements contained in Parts 174-176 and Part 179.

All carriers transporting hazardous materials, hazardous substances, or hazardous wastes are subject to the safety authority of the Idaho State Police and must comply with applicable Idaho laws and adopted federal regulations.

Intrastate carriers operating commercial motor vehicles transporting property with a gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW), or gross combination weight rating (GCWR) greater than 10,000 pounds and not exceeding 26,000 pounds must comply with applicable provisions of 49 CFR Part 390, Subpart A; §391.15; Parts 392 and 393; and designated portions of Part 396, in addition to Idaho law.

Intrastate carriers transporting quantities of hazardous materials that require placarding under 49 CFR Part 172, Subpart F, and passenger carriers meeting the definition of a commercial motor vehicle, must comply with 49 CFR Parts 356, 365, 382, 383, 385, 387, 388, and 390-399, except as modified by Idaho law, including the intrastate exception to §391.11(b)(1).

Pursuant to Idaho Code §49-2203, any vehicle transporting placardable hazardous materials or hazardous waste subject to manifest requirements must obtain an annual hazardous materials transportation endorsement.

The Idaho State Police enforces regulations governing the transportation of hazardous materials, hazardous substances, and hazardous wastes within the state.

The Idaho Department of Environmental Quality (DEQ) administers Idaho's hazardous waste management program, including hazardous waste transportation requirements and the adoption of applicable hazardous waste regulations such as 40 CFR Part 262.