Ms. Amy Dean — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration FEB 11 2005 Ms. Amy Dean Reference No. 04-0275 1161 Alter Way Broomfield, CO 80020 Dear Ms. Dean: This is in response to your December 3, 2004 letter asking who is responsible for reporting a hazardous materials release before and after January 1, 2005, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a farmer or your company is responsible for reporting a hazardous materials release to this agency when a farmer leases a tank wagon loaded with "Ammonia, anhydrous, 2.2, UN 1005" from your company, tows it away from your facility attached to the back of his ammonia. truck, and has a traffic accident on a highway that causes the release of the anhydrous In the scenario you describe, the farmer is responsible for reporting the incident. The HMR's incident reporting requirements in §§ 171.15 and 171.16, and the incident reporting form were revised in two rulemakings issued under Docket No. RSPA-99-5013 (HM-229; 69 FR 30114, 5/26/04, and 68 FR 67746, 12/3/03) that went into effect on January 1, 2005. Before this date, the carrier, which in this instance is the farmer, transporting the material was responsible for filling out and filing the Hazardous the person or entity in physical control of the hazardous material when it is released is Materials Incident Report, Form DOT F 5800.1, with this agency. After January 1, 2005, responsible for filling out and filing the form. In your scenario, the person in physical control of the material is the farmer. I hope this information is helpful. Sincerely, For Maly Hattie L. Mitchelf Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.15 171.14 040275#

Page 2Edmonson December 3, 2004 $/11•15 incident Repor 9/1. By fax 202-366-3012 04-0275 Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7 Street, S.W. Washington, DC 20590-0001 Re: Leiter of Interpretation (HM-229) Dear Mr. Mazzullo: I have contacted the hazardous material information center and have not been able to get clarification on which party is responsible for spill reporting in the following scenario: A company sells anhydrous animonia to a farmer and leases a tank wagon to the farmer to haul the product. The farmer will return the tank wagon to the company after application of the anhydrous ammonia. The farmer leaves the company premises driving his truck pulling the tank wagon with the anhydrous ammonia and wrecks the tank wagon on the highway spilling the product, who is responsible for reporting the spill, the company or the farmer? In addition, will the party responsible for reporting the spill be the same before and after January 1, 2005? Please provide me with a letter of interpretation using the address below. Thank you. Sincerely, Amy Dean 1161 Alter Way Broomfield, CO 80020#