Menlo Worldwide Forwarding — Hazardous Materials Safety Interpretation

Page 1U.S. Department OCT 28 2004 of Transportation Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration Mr. Robert G. Johnson Reference No.: 04-0239 Menlo Worldwide Forwarding Environmental Affairs 2625 SW 161 Street Seattle, Washington 98158 Dear Mr. Johnson: This responds to your letter requesting further clarification of the incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180). You ask if an incident report form DOT F 5800.1 must be filed when an unintentional release of fuel from a motor vehicle's fuel tank occurs and enters a storm drain. The answer is no. The HMR govern the transportation of hazardous materials in commerce. Fuel in a motor vehicle's fuel tank is not "transported in commerce;" therefore, the reporting requirements in §§ 171.15 and 171.16 do not apply. It is possible that a release of this nature is subject to reporting requirements of the U.S. Environmental Protection Agency (EPA). We suggest you contact the EPA at 1-800-424-9346. I trust this satisfies your inquiry. Sincerely, Hotte z. Mitche l0 Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 17/16 040239#

Page 2corbin $171.16 MENLO WORLDWIDE Incident Report Forwarding 04 - 0237 September 24, 2004 USDOT/RSPA (DHM 10) 400 7th Street SW Washington, D.C. 205090-0001 ATTN: Mr. Edward Mazzullo, Director for Offices of Hazardous Materials Standards Re: Further Clarification Regarding Interpretation Letter 99-0244 Dear Mr. Mazzullo, Regarding your "no" answer supplied in interpretation 99-0244 (attached), I am requesting further clarification. If an incident involving a release of fuel from a motor vehicle fuel tank results in fuel entering a storm drain--subsequently triggering a report to the National Response Center--is a DOT Form 5800.1 required to be submitted? No other factors are involved (e.g., shutdown or transportation artery, evacuation > 1 hr.). Your assistance is greatly appreciated. Regards, Rant fi Johnson, Robert G. Johnson Manager Environmental Affairs Menlo Worldwide Forwarding • Environmental Affairs 2625 SW 161' Street Seattle WA 98158 • 206-433-5054#

Page 3US Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20580 Research and Administration Special Programs SEP 3 0 1999 Mr. Frank B. Postma, P.G. Ref. No. 99-0244 Project Manager 127 Hartwell Street Corporate Environmental Advisors, Inc. West Boylston, MA 01583 Dear Mr. Postma: reporting requirements in § 171.16 of the Hazardous Materials Regulation's (HMR; 49 CFR Parts This responds to your letter dated August 25, 1999, requesting clarification of the incident 171-180). Specifically, you ask if a carrier is required to file an incident report in accordance cooling, or lubrication systems. with § 171.16 for a release from a motor vehicle fuel tank or from a'motor vehicle's hydraulic, The answer is no. A hazardous materials carrier must file DOT Form F:5800.1 within 30 days of circumstances set forth in §: 171.15 occurs. A motor vehicle fuel tank that meets the an unintentional release of hazardous materials from a package, including a tank, or if any: of the requirements for all fuel systems under §§ 393.65 and 393.69 of the Federal Motor Carrier Safety Regulations, including marking, is maintained in accordance with NFP A/ASME standards for fuel systems, and is not used as a packaging for hazardous materials is not subject to the systems are not packaging for hazardous materials and, thus, are not subject to the HMR. requirements of the HMR. Similarly, a motor vehicle's hydraulic, cooling, and lubrication I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, The A.Allon Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 171.16 990244#

Page 4Gorsku 8 1116 August 25, 1999 CORPORATE ENVIRONMENTAL ADVISORS, INC. 99-0244 400 7' Street, Southwest USDOT/RSPA (DHM 10) Washington, D.C. 205090-0001 ATTN: Mr. Edward Mazzullo, Director for office of Hazardous Materials Standards RE: Official Interpretation of Regulation 49 CFR 171.16 Dear Mr. Mazzullo, Corporate Environmental Advisors, Inc. (CEA) requests an official interpretation of the pertains to the following scenario. Is a carrier of hazardous materials required to submit a United States Department of Transportation (US DOT) regulation 49 CFR 171.16 as it.. regulation if a release occurred from the fuel tanks used for propulsion of the vehicle and detailed incident report un Foim F5800.1 in duplicate as required by the aforementioned not from the mobile bulk storage tank. It is our understanding that tanks used for propulsion are exempt under the Federal Materials Transportation Law (49 U.S.C. 5101 materials used in the operation of the vehicle (i.e. hydraulic systems, cooling systems, et seq.). and 49 CFR 171-180. Additionally, would this exemption also include other lubrication systems, etc.). Thank you for your attention to our request. Sincerely, Corporate Environmental Advisors, Inc Project Manager Frank B. Postma, P.G. CORPORATE HEADOBARTERS: HARTWELL BUSINESS PARK, 127 HARTWELL STREET, WEST BOYLSTON, MA 01583 • PHOME: 508-835-8822 FAX: 508-835-8812 E-MAIL ADDRESS: cea@caa-inc.com#