Environmental Resource Center — Hazardous Materials Safety Interpretation

Page 1• U.S. Department Research and of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Administration JOL 2 4 2002 Ms. Rebecca M. Spaulding Senior Consultant Ref No.: 02-0178 Environmental Resource Center 101 Center Pointe Drive • Cary, North Carolina 27513-5706 Dear Ms. Spaulding: This is in response to your June 12, 2002, letter requesting clarification of the definition of "in commerce" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you asked if hazardous materials transported between your company's facilities is considered "in commerce" and subject to the HMR. Your scenario is paraphrased and answered as follows: • A company purchases consumer commodities and stores them in a warehouse. Company employees pick up hazardous materials for use in other buildings owned by the same company. Company employees transports this hazardous material to other buildings (along a public . • highway), and uses the material according to its intended purpose. Is this considered 'in commerce?" Yes, the hazardous materials transported by your company between your facilities is in support of your business. Therefore, transportation of hazardous material in your scenario is "in commerce." The HMR provides certain exceptions for the transportation of hazardous materials identified as Materials of Trade (MOTs). A MOT is defined in §171.8, as a hazardous material, other than a hazardous waste, that is carried on a motor vehicle: For the purpose of protecting the health and safety of the motor vehicle operator or passengers; For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle.#

Page 2Based on your scenario it appears that your company meets the third criteria. Provided that all conditions in §171.6 are met, your company can take advantage of the MOTs exception. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3€ ENVIRONMENTAL RESOURCE CENTER 101 Center Pointe Drive, Cary, North Carolina 27513 (919) 469-1585 5L:3219 Relertoud June 12, 2002 $171.8 Definitions DOT / RSPA Office of Hazmat Standards 400 Seventh Street, SW 02-0178 Washington, DC 20590 Attention: Edward Mazzullo Dear Mr. Mazzullo, 49 CFR Part 171.1 states that hazardous materials are regulated only if they are transported "in commerce." I understand that DOT's definition of "in commerce" (as taken from an interpretation letter dated July 28, 1999) means the furtherance of a commercial enterprise. I would like to request an interpretation on the following scenario: A company purchases consumer window cleaner or a tube of adhesive to repair a pipe in another building owned by the same commodities and houses them in one warehouse, and a company employee picks up, for example, company, and transports the material to the other building (along a public highway), and uses the material according to its intended purpose. The transportation of said material would not further the company's commercial enterprise; it would be used only for routine maintenance and according to its intended purpose. Is the material considered "in commerce" and therefore subject to the HMR? Thank you for your response. Best regards, Ribera spauldy Rebecca Spaulding • - ..- Consultant. -... ... .. --#