ATOFINA Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1f Transportatio .S. Departmer 400 Seventh St., S.W. pecial Program esearch anc Washington, D.C. 20590 arministration 2 6 200. Ms. Christina M. Kurtz ATOFINA Chemicals. Inc. Supervisor-Regulations and Packaging Ref No.: 04-0087 200 Market Street Philadelphia, PA 19103-3222 Dear Ms. Kurtz: This is in response to your letter regarding the applicability of the Hazardous Materials Regulations (HIMR; 49 CFR Parts 171-180). Specifically, you request clarification on whether employees unloading hazardous materials after the departure of the carrier from the consignee's facility require training under the HMR. A hazmat employee is a person employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety (see § 171.8). In other hazmat employee. The term hazmat employee includes an individual employed by a hazmat words, a person who performs duties that are regulated under the HIMR is considered to be a employer who, during the course of employment loads, unloads, or handles hazardous materials. safety training. Section 172.704 requires a hazmat employee to receive general awareness, function specific, and Generally, consignee unloading operations performed after the carrier's departure from the consignee's facility are not subject to regulation under the HMR. Thus, consignee employees engaged in such unloading operations need not be trained in accordance with HMR requirements. However, until October 1, 2004, rail tank car unloading operations are subject to requirements in § 174.67 of the HMR whether or not the unloading operation is performed by consignee personnel after the carrier's departure from the facility. Furthermore, until October 1, 2004, consignee employees who unload rail tank cars in accordance with $ 174.67 must be trained. I hope this information is helpful. Please contact us if you require additional assistance Sincerely, Office of Hazardous Materials Standards 172:700 040087 174.67#

Page 2Relerford ATOFINA $172.700 ATOFINA Chemicals, Inc. $174.67 Training koading Unloading RSPA U.S. Department of Transportation 04-0087 400 Seventh Street, S.W. Washington, D.C. 20590-0001 Attn: Standards {DHM-10} Re: HM-223 and Hazmat Training Dear Mr. Mazzullo: It is our understanding that since the implementation of HM-223 any unloading that occurs after the departure of the carrier from the consignee's facility is no longer under DOT's jurisdiction. Thus, if an employee of the consignee unloads material after the departure of the carrier it would not be under DOT's jurisdiction and said employee would not be required to have the Hazmat training under Part 172 Subpart H. But, if the considered "unloading incidental to movement" and this same individual would be carrier has not departed the premises while a package is being unloaded this would be required to have the Hazmat training under Part 172 Subpart H. Can you please tell us if this interpretation is correct. Sincerely, Christina M. Kurto Christina M. Kurtz Supervisor - Regulations and Packaging 2000 Market Street ATOFINA Chemicals, Inc. 215-419-7000 Philadelphia, PA 19103-3222 www.AtofinaChemicals.com#