Roadway Express — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department MAY 2 1 2003 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration Mrs. Lori Leonti Ref. No. 03-0028 Responsible Care oordinator of Safety Policy anc Roadway Express 1077 Gorge Boulevard P.O. Box 471 Akron, OH 44309-0471 Dear Mrs. Leonti: the requirement for immediate notification of certain This is in response to your January 28, 2003, letter regarding hazardous materials incidents. clarification on the notification requirements contained in Specifically, you request § 173.15 of the Hazardous Materials Regulations (HMR; 49 CER Parts 171-180). Your questions are paraphrased and answered as follows: Q1. Is an incident that does not involve a hazardous material reportable under the provisions of § 171.15 if the transport vehicle fuel tank leaks as a result of the collision? Al. No, the requirements of the HMR only apply to the transportation of hazardous materials in commerce. Q2. If a cylinder is found leaking on a carrier's dock at a closed facility where only facility employees are present, resulting in the evacuation of the facility for greater than provisions of $ 171.15? an hour, must the facility report under the A2. The requirements of $ 171.15 apply to incidents that occur during the course of transportation, including loading, unloading, and storage incidental thereto. Although "general public" the evacuation of facility employees there is no regulatory definition for the term would not trigger the incident reporting requirements of § 171.15 (a) (1) (iv). However, the immediate incident reporting transportation arteries or facilities are closed or shut requirements do apply when one or more 030028#

Page 2down for one or more hours (S 171.15(a) (1)(V)). It is the opinion of this office that the evacuation of a criterion in $ 171.15 (a) (1) (v). carrier terminal facility for two hours would meet the 03. A motor carrier transporting hazardous materials is involved in a fatal accident, however, there is no release of hazardous materials or damage to the hazardous materials packagings. Is this incident subject to reporting under the provisions of § 171.15? A3. No, immediate notice must be given if a person is killed "as a direct result of the hazardous material." Q4. A release of a hazardous material during loading results in the injury of an employee, who is transported to the local emergency room and then directly released. Is this incident reportable under the provisions of § 171.15? A4. Under the provisions of § 171.15 (a) (1) (ii), a carrier must provide immediate notice of a hazardous material incident that results in the hospitalization of a person. the term "hospitalization," to meet the requirements of Although there is no regulatory definition provided for this provision a person must be admitted to a hospital as a patient. Immediate notification is not required if a person is emergency room but not admitted to the hospital. taken to the hospital and is treated in the I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Dilma Hillio Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3ROADWAY. ROADWAY EXPRESS, INC 330.384.1717 077 Gorge Boulevard • P.O. Box 471 • Akron, OH 44309-047 Express ISO 9002 Certified BAH January 28, 2003 §171.15 (a)) Incidents Reports Mr. Edward T. Mazzullo 03-0028 Director, Office of Hazardous Materials Standards 400 7* Street S. W. U.S. DOT/RSPA (DHM-10) Washington, D.C. 20590-0001 Dear Mr. Mazzullo, Section 171.15 requires immediate notification to the National Response Center when incidents occur "as a direct result of hazardous materials." Please clarify if the following scenarios would warrant immediate reporting as required under 171.15 (a)(1): 1. A motor carrier is involved in an accident with another vehicle which results in a shut down for over an hour. The vehicle was not transporting hazardous materials. punctured saddle tank. One hundred gallons of diesel fuel is released and the highway is 2. A cylinder containing a 2.3 material is discovered leaking on a carrier's dock. The entire terminal facility was evacuated for two hours. Also advise definition of "general public." 3. A motor carrier transporting hazardous materials is involved in an accident that results in a fatality. There was no damage to the packages or release of hazardous materials. 4. During unloading, terminal personnel discover a cylinder containing a 2.2 is releasing. The exposed employees are taken to the emergency room and released. Sincerely, Zoi Zeanti Lori Leonti Coordinator of Safety Policy and Responsible Care#