{"operation":"document","citation":"01-0188","title":"Greenfield Logistics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-10-18","effective_on":null,"summary":"01-0188 response to Greenfield Logistics concerning 177.842.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0188.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0188.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0188","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010188.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n400 Seventh St., S.W.\nof Transportation\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nOCT 18 2001\nLadislao Garcia\nRef. No. 01-0188\nGreenfield Logistics\nP.O. Box 580\nTooele, UT 84074\nDear Mr. Garcia:\nThis responds to your July 20, 2001 letter concerning the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to the following scenario:\nA tank car containing Class 7 (radioactive) mixed waste water is manifested and\nshipped from point A to point C. The destination facility at point C does not have rail\ncapability, therefore this Class 7. (radioactive) material mixed waste water needs to be\ntransferred into a cargo tank at point B and delivered to destination facility C. The\ntransferring activity is to be completed within two to three days from the time the rail\ntanker arrives at the transfer facility.\nYour questions are paraphrased and answered as follows:\nQ1. In the above scenario, is the transferring activity considered part of transportation?\nAl. The HMR govern the safe transportation of hazardous materials in commerce. Federal\nhazardous materials transportation law (Federal hazmat law) defines \"transportation\" as\n\"the movement of property and loading, unloading, and storage incidental to the\nmovement.\" 49 U.S.C. 5101(12). A hazardous material is \"in transportation\" and,\ntherefore, subject to applicable requirements of the HMR from the time it is offered for\ntransportation until the time that it reaches its final destination, provided the hazardous\nmaterial is not repackaged. At an intermodal transfer facility, rail tank car unloading\noperations are subject to the unloading requirements in § 174.67 of the HMR. Once the\nrail tank car is unloaded, transportation is ended. The cargo tanks into which the\nhazardous material has been loaded are subject to all applicable HMR requirements,\nincluding selection of the packaging, filling and closing the packaging, shipping papers,\nemergency response information, marking, and placarding. Transportation in commerce\nbegins when the cargo tanks are offered and accepted for transportation.\n010188\n\n<<<PAGE 2>>>\n\nPage 2\nQ2. In the above scenario, do local governments have any jurisdiction?\nA2.\nThe answer is yes. State and local governments may regulate hazardous materials\noperations at fixed facilities; however, under Federal hazmat law, the HMR may preempt\nstate and local laws and regulations concerning hazardous materials transportation under\nthe provisions of 49 U.S.C. 5125.\nQ3.\nIn the above scenario is the US DOT the only governing authority for the operation from\npoint A to point C?\nThe answer is no. Entities involved with handling and transporting hazardous materials\nshould be aware that a number of requirements administered by the U.S. Environmental\nProtection Agency (EPA) may apply to their operations. Examples include community\nright-to-know; risk management and emergency response planning; and spill prevention,\nAdministration (OSHA) regulates to protect worker health and safety. State and local\ncontrol, and countermeasures. In addition, the Occupational Safety and Health\ngovernment requirements may also apply.\nQ4.\nIn a transfer facility, what activities would be considered outside of US DOT jurisdiction?\nNon-transportation activities and activities that do not affect the safe transportation of\nhazardous material in commerce are not subject to requirements of Federal hazmat law or\nthe HMR. For example, EPA regulations apply to certain storage activities that are not\nincidental to transportation. OSHA regulations cover worker health and safety for facility\npersonnel.\nOn June 14, 2001, we published a notice of proposed rulemaking (NPRM) on the applicability of\nthe HMR to loading, unloading, and storage of hazardous materials (66 FR 32420; HM-223). We\nare proposing to clarify the applicability of the HMR to specific functions and activities,\nincluding hazardous materials loading and unloading operations and storage of hazardous\nmaterials during transportation. The HM-223 rulemaking has four overall goals. First, we want to\nmaintain nationally uniform standards applicable to functions performed in advance of\ntransportation to prepare hazardous materials for transportation. Second, we want to maintain\nnationally uniform standards applicable to transportation functions. Third, we want to\ndistinguish functions that are subject to the HMR from functions that are not subject to the HMR.\nFinally, we want to clarify that facilities within which HMR-regulated functions are performed\nmay also be subject to federal, state, or local regulations governing occupational safety and health\nor environmental protection.\n\n<<<PAGE 3>>>\n\nPage 3\nI encourage you to submit written comments on the NPRM. You can review the NPRM and\nsubmit and review comments on-line at the DOT Dockets Management System web site at\n*http://dms.dot.gov/\" The comment period closes November 30, 2001; we will consider late\nfiled comments to the extent possible as we develop a final rule.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nJason Gary\nSenior Transportation Regulations Specialist\nSusan Gorsky\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\n07/20/2001 08:45\n8012527501\nBROKEN ARROW\nPAGE\n02/03\nBetts\nGREENFIELD LOGISTICS\n8177.842\nP.O. Box 580, Tooele, Utah 84074\nFax: 801.252.7501\nPhone: 801.508.1382\nRAM\nwebcite: www.greenfieldiogistics.com\n01-0188\nEdward T. Mazzullo\nJuly 20, 2001\nDirector for The Office of\nHazardous Materials Standards\nUS DOT / RSPA (DHM10)\n400 gª Street Southwest\nWashington, D. C. 20590-0001\nSubject:\nUS DOT interpretation of the regulations for the transportation of Class 7\nRadioactive Mixed Waste Water utilizing transfex/transload facilities.\nMr. Mazzullo:\nGreenfield Logistics, LLC (Greenfield) would like to have a written\ninterpretation from the US DOT/RSPA Office of the regulations for the\ntransportation of class 7 radioactive mixed waste water utilizing\ntransfer/transload facilities. Specifically for the following scenario:\n• A rail tanker car containing class 7 radioactive mixed waste water\nis manifested and shipped from point A to point C, and the\ndestination facility point C does not have rail capability, therefore\nthis class 7 radioaotive mixed waste water needs to be transloaded\ninto over the road tanker trucks at point B and delivered to\ndestination facility point C. The transloading activity is to be\ncompleted within two to three days from the time the rail tanker\narrives at the transloading facility.\nQuestions:\n1) In the above scenario, is the transloading activity considered part of\ntransportation.\n2) In the above scenario do local governments have any jurisdiction\n3) In the above scenario is the US DOT along with the FRA the only\ngoveming authority for the operation from point A to point C.\n\n<<<PAGE 5>>>\n\n07/20/2801\n08: 45\n8012527501\nBROKEN ARROW\nPAGE 03/03\n4) In a transfer/trausload facility what activities would be considered\noutside of the US DOT and FRA jurisdiction.\nhesitate to give me a call at (801) 508-1382 or fax it to (801) 252-7501. I\nShould you have any questions i regards to this topic, please do not\nappreciate your help and support.\nRespectfully:\nLadislao Garci:","truncated":false,"body_characters":7302}