{"operation":"document","citation":"03-0326","title":"Kansas State University — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-02-13","effective_on":null,"summary":"03-0326 response to Kansas State University concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0326.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0326.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0326","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030326.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nFEB 13 2004\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nMr. Mitch Ricketts, CSP\nRef No. 03-0326\nHealth, Safety & Environment Quality Coordinator\nKansas State University\n113 Waters Hall\nManhattan, KS 66506\nDear Mr. Ricketts:\nThis responds to your December 10, 2003 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of hazardous materials by\nstate agencies. Specifically, you ask to what extent state agencies are subject to regulation under the\nHMR.\nAs provided in your letter, Kansas State University is a state agency operating research farms\nthroughout the state of Kansas. Portions of your crops are sold, while others are used for research\npurposes only. You question whether the transport of hazardous materials by the University from the\npoint of purchase to farms throughout the state is regulated by the HMR. In addition, you ask whether\nthe transport of pesticides and other chemicals from your farms throughout the state to your central\nhazardous waste storage site in Manhattan, Kansas, is regulated by the HMR.\nAs specified in § 171.1, the HMR govern the safe transportation of hazardous materials in commerce.\nA state agency or local jurisdiction that transports hazardous materials for governmental purposes using\nits own personnel is not engaged in transportation in commerce, and, therefore, is not subject to the\nHMR. However, if the state agency or local jurisdiction transports hazardous materials for a\ncommercial purpose or offers hazardous materials, including hazardous waste, for transportation to a\ncommercial carrier, then the HMR apply. Although some of the crops raised on Kansas State\nUniversity farms are sold, the underlying purpose of the farming operations is to support the education\nand research mission of the University. Therefore, the transportation of hazardous materials by the\n1./\n030326\n\n<<<PAGE 2>>>\n\nUniversity from the point of purchase to farms throughout the state and of hazardous waste from the\nfarms to your central storage site is not subject to the HIMR when the transportation is performed by\nUniversity personnel.\nI hope this information is helpful.\nSincerely,\nEdward T. Mazzullo.\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nFoster\n3171,1\n-KSTATE\nApplicability\nKansas State University\n03-0326\nDean of Agriculture\nExperiment Station and\nDirector of Agricultural\nCooperative Extension Service\n113 Waters Hall\nManhatian, KS 66506-4008\nDecember 10, 2003\nFax: 785-532-6563\n785-532•6147\nhttp://www.oznet.ksu.edu\nOffice of Hazardous Materials Standards\nEdward T. Mazzullo, Director\nU.S. DOT/RSPA (DHM-10)\n400 Seventh Street S.W.\nWashington, DC 20590-0001\nMr. Mazzullo\nTo what extent are state agencies covered by the hazardous materials transportation regulations?\nI have received conflicting answers to this question from federal authorities. I recently called the\nDOT Hazardous Materials Information Center, and the person I spoke with suggested that I write\nto you for a determination. The specific issues are as follows:\nKansas State University is a state agency. As a land grant institution, we operate research farms\nthroughout the state of Kansas. Some of the crops are sold, while some are used only for research\npurposes. Any revenue obtained from sales is used to support our research and educational\nactivities (we are a nonprofit agency). We would like to be able to transport substances such as\nammonium nitrate fertilizer and pesticides from the point of purchase to our farms throughout\nthe state. We would also like to transport pesticides and other chemicals from our farms\nthroughout the state to our central hazardous waste storage site in Manhattan, KS. To what extent\nare these activities regulated under the hazardous materials transportation regulations, given that\nwe are a state agency?\nI look forward to receiving your reply.\nMitch Ricketts, CSP\nHealth, Safety & Environmental Quality Coordinator\n\"Knowledge","truncated":false,"body_characters":4077}