{"operation":"document","citation":"04-0292","title":"Minnesota Department of Transportation, Office of Freight and Commercial — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-05-02","effective_on":null,"summary":"04-0292 response to Minnesota Department of Transportation, Office of Freight and Commercial concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0292.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0292.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0292","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040292.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Depanmen\nf Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nMAY 2\n2005\nMr. Michael Ritchie\nRef. No. 04-0292\nHazardous Materials\nSpecialist\nMinnesota Department\nof Transportation\nOffice of Freight and\nCommercial\nVehicle Operations\nMail Stop 420\n1110 Centre Pointe Curve\nMendota Heights, MN 55120-4152.\nDear Mr. Ritchie:\nThis responds to your letter dated December 29, 2004, that\nrequests a clarification of the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to certain\n\"pre-transportation\" functions as defined in a final rule\npublished on October 30, 2003, under Docket HM-223.\nSpecifically, you ask whether a person (contractor) would be\nsubject to the HMR under the following scenario:\nA government (county) agency operates a\nhazardous waste collection program for\nhcuseholds and small businesses.\nThe\nhazardous waste is collected at\ndesignated\nlccations within the county and is packaged\nand loaded onto county vehicles by a\nprofessionally trained contractor.\nThe\nwaste is then transported to a transfer or\nconsolidation facility by county employees\noperating county vehicles.\nThe answer to your question is no.\nThe transportation of a\nhazardous material in a motor vehicle by a local government\nemployee, solely for noncommercial local government purposes,\nis not in commerce and is therefore not subject to the\nrequirements of the HMR.\nAs you correctly note in your\nletter, because the hazardous waste is not offered or\ntransported in commerce, the \"pre-transportation\" functions\nperformed by the contractor are not subject to the HMR.\n$177.834\n040292\n\n<<<PAGE 2>>>\n\nI trust this satisfies your inquiry.\ncan be of further assistance.\nPlease contact us if we\nSincerely,\nHothe z. Mthell\nHattie L. Mitchell\nChief,\nOffice of Hazardous Materials Standards\nRegulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\n12/29/2004\n10:44\nMN DOT MOTOR CARRIER SERVICES → 912023663012\nNO. 683 0002\nANNESON\n* 7\nMinnesota Department of Transportation\nOffice of Freight and Commercial Vehicle Operations\nMail Stop 420\n1110 Centre Pointe Curve\nFax: 651/405-6082\nTel: 651/405-6060\nMendota Heights, MN 55120-4152\nStevens\nDecember 29,2004\n$177.834\nEdward Mazzullo\nDirector, Office of Hazardous Materials Standards\nLoading Unloading\nUSDOT/RSPA\n400 Seventh Street SW\n04-0292\nWashington, DC 20590\nDear Mi: Mazzullo,\nHM-223 Applicability of the Hazardous Materials Regulations to Loading, Unloadinz,\nand Storage, as issued by your agency on October 30, 2003, provided clarification on\nmany issues concerning the offering or transport of hazardous materials by government\nagencies and contractors working for those government agencies. I would like further\nguidance: on this subject.\nA county goverment environmental agency operates hazardous waste collection\nprograms for households and small businesses. A county govemment truck/trailer, driven\nby a county employee, is delivered to various locations around the county to transport the\ncollected hazardous waste to an authorized transfer or consolidation facility.\nThe actual collection activities at each remote collection site: handling the hazmat\npackages, opening, filling, and closing packagings, repackaging or bulking the hazmat,\nand loading them on the county owned trailer for transport, is handled by commercial\nhazardous waste contractor. The contractor is used, as its employees have required\nchemical safety training and equipment that the county employees do not have. After\neach remote collection, a county employee drives the unit back to the county transfer or\nconsolidation facility, for eventual transport to EPA authorized treatment, storage, or\ndisposal facilities.\nSome of the activities of the commercial hazardous waste contractors appear to be \"pre-\ntransportation functions\", as defined in 49 CFR 171.1 (b). Must these activities be\nperformerl as required in the hazardous materials regulations, when the subsequent\ntransport is not done in commerce?\nYours truly,\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota DOT\nAn satal annastlinity amalavor","truncated":false,"body_characters":4125}