Ondeo Nalco Company — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration FEB 27 2004 Ms. Anita S. Knight Ondeo Nalco Center Ondeo Nalco Company Ref. No. 03-0172 Naperville, IL 60563-1198 Dear Ms. Knight: This is in response to your letter requesting clarification of CFR Parts 171-180) to hazardous materials being transported on the applicability of the Hazardous Materials Regulations both public and private roads. your hazardous material shipments are considered non-commercial Specifically, you ask whether and whether they are subject to the HMR. from this office to Ms. Karen Van Dusen of the University of You reference a letter is similar. Washington dated September 2, 1997 and state that your scenario As stated in the September 2, 1997 letter, a state agency (such as a state university) that transports hazardous materials for in transportation in commerce and, therefore, is not subject to its own use, using its own personnel and vehicles, is not engaged the HMR. enterprise. "In commerce" means in furtherance of a commercial 3 or Class 8 chemical products to customers at various university You state that Ondeo Nalco employees transport Class commerce and is, therefore, subject to the HMR. locations. Ondeo Nalco is a company engaged in transportation in your statement that the hazardous materials are transported on both public and private roads, as stated in the September 2, 1997 letter, the transportation of hazardous materials must be entirely on private roads with restricted public access to be excepted from the HMR. I hope this information is helpful. Sincerely, Hathe z. michel Regulatory Review and Reinvention Hattie I. Mitchell, Chief Office of Hazardous Materials Standards 030172#

Page 207/11/03 FRI 11:15 FAX 630 305 2986 ENVIRN HLTH SFTY 4001 METature ONDEO Nalco July 11, 2003 Applicability Mr. Edward T, Mazzullo Director, Office of Hazardous Materials Standards 03-0172 400 7* Street S.W. U.S. DOT/RSPA (Attention DHM-10) Fax = 202-366-3012 Washington, D.C. 20590-0001 ONDEO Natco Company Subject: Applicability of 49 CFR Parts 171-180 Naperville, IL 60563-1198 Ondeo Nalco Center Dear Mr. Mazzullo: Tel: 630-305-1000 Fax: 630-305-2900 We read with interest a letter to the University of Washington, dated September 2, 1997, university campus, which I can describe in detail as follows. Does this situation qualify as from Delmer Billings. We have a similar situation at one of our customer sites (also a requirements be similar for other types of "campuses", i.c. school or manufacturing plant? "non-commercial"? Please confirm what our requirements are under the HIMR. Would the 1. Two small Dodge pick-up trucks are used by Ondeo Nalco District Service routine testing, etc., including occasional transport of chemical product to specific Specialists. The trucks are used for a "Full Service" arrangement which includes university campus locations after they have been delivered by common carrier to MSDS books are maintained for each truck and kept in cab of truck. Products are one of four campus delivery locations. hazardous materials in class 3 or 8. Container types include 55 gal, 15 gal and 5 gallon. The maximum quantity in the approximately 1125 pounds. truck any am we wittweight of 135 gallons or 4. Chemicals are not transported other than within the vicinity of the campuses being serviced which may be a 5 to 6 mile radius. The four usual delivery areas used by centralized for each of the four campuses. This helps minimize the distance of common carriers. when our products are initially delivered to the customer are 5. The roads traveled are mostly private campus roads but on one side of the campus transport here is a mix of public and private. Most roads are that which have only one lan n each direction, but there are a couple with 2 lanes in each direction Thank you for your prompt response. Yours truly, Quite N tight Anita S. Knight Environment, Health & Safety Department Corporate Product Registration Specialist 630-305-1080 sVez#