County of Dane — Hazardous Materials Safety Interpretation

Page 1S. Departme f Transportatio 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration lazardous Materials Safet JUN 30 2005 Mr. Mark Finarty Ref. No.05-0143 Department of Administration County of Dane 210 Martin Luther King, Jr. Blvd., Room 425 Madison, WI 53703 Dear Mr. Finarty: This is in response to your letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to Dane County, Wisconsin employees and operations. You state that Dane County contracts with the State of Wisconsin Department of Transportation to maintain state roadways. The operations include the transportation and application of asphalt to the state roadways by county employees. You ask whether Dane County, as a government entity, is excepted from the HMR. The HMR apply to entities covered by the definition of "person," in § 171.8, which includes a government entity offering hazardous material for transportation in cormerce or transporting hazardous material in furtherance of a commercial enterprise. The HMR do not apply to government employees who are transporting hazardous materials in vehicles operated by government personnel for non-commercial purposes, regardless of whether one government entity reimburses the other for services rendered. Provided Dane County does not offer the hazardous material for transportation to a commercial carrier, the HMR do not apply. I hope this information is helpful. Please contact this office if you have additional questions. Sincerely, Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention 171.1 050143#

Page 2MELatyre COUNTY OF DANE DEPARTMENT OF ADMINISTRATION §HI! 210 Martin Luther King, Jr. Boulevard, Room 425 RISK MANAGEMENT Madison, Wisconsin 53703 Handcability 608/266-4965 0f-0143 Risk Manager BARBARA WEGNER, A.R.M. MARK R. FINARTY Safety Coordinator 608-267-1,555 - June 3, 2005 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 7* Street S.W. U.S. DOT/RSPA (DHM-10) Washington, D.C. 20590-001 Dear Mr. Mazzullo: Dane County would like clarification regarding the applicability of the Hazardous Materials Regulations (Title 49 CFR. Parts 100-185) to Dane County employees and operations. Specifically, Dane County (local government) contracts with the State of Wisconsin Department of Transportation to maintain state roadways. Our current operations do involve the use and transportation of hazardous materials to complete the road maintenance (See interpretation ref. No. 04-0052). Is this considered commerce under the regulation? Do the Hazardous Materials Regulations apply to Dane County employees and operations in this situation or does the exemption regarding "any government or..... that transports hazardous material for a governmental purpose" apply? Your answers to the above questions should clarify our hazardous material requirements in our operations. Feel free to contact me if you have questions or comments. Thank: you. Be Safe. Safety Coordinator Dane County Risk Management Rm. 425 CCB 210 Martin Luther King Jr. Blvd. Madison, WI 53703 (608) 267-1555 (608)266-4425 Fax Hazmat-Commerce Clarification Letter 2005 Page 1 of 1 20 90 9ZD1992809 61:20 900Z/E8/98#

Page 3U.S. Department of Transportation Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration MAR 242004 Mx. Mark Finarty Dane County Risk: Management • Ref. No. 04-0052 Room 425 CCB 210 Martin Luther King Jr, Blvd. Madison, WI 53703 Dear Mr. Finarty: the requirements under the Hazardous Materials Regulations (HMR; This is in response to your letter requesting clarification of asphalt. 49 CFR Parts 171-180) applicable to the transportation of are required for three scenarios as presented in your letter. Specifically, you ask whether placarding and marking a hazardous materials endorsement for the driver of a vehicle You also ask whether a commercial driver's license (CDL) requires paraphrased and answered. below. transporting asphalt. Your scenarios and questions are Question: Are placards, markings, and hazardous material endorsements on CDus required for the following three scenarios? Scenario #1. A medium curing asphalt is being transported by highway "in bulk up to 1200 gallons." flashpoint of 100 °F - 140 °F and is transported at a temperature The material has a of approximately 250 °F. Answer: A bulk packaging containing a Class 3 elevated sides and both ends (see § 172.504 (a)). temperature material must display FLAMMABLE placards on boti packaging containing an elevated temperature material must In addition, a bulk display the HOT marking on two opposing sides, $ 173.325. It is not clear from your letter whether "in bulk up as specified in of the packaging. to 1200 gallons" refers to the amount of asphalt or the capacity gallons or more, it must be marked with the identification number If the bulk packaging has a capacity of 1,000 • on both sides and both ends packaging has a capacity of less than 1,000 gallons, it: must be (see § 172.302 (a) (1)). If the bulk marked with the identification number on two opposing sides (see $ 172.302 (a) (2)) . 172.504 040052 0.69#

Page 4required on a CDL for With regard to whether a hazardous materials endorsement is The Federal Motor Carrier Safety Regulations a driver transporting this material, the Safety Administration (FMCSA), address the requirements for (FMCSR), 49 CFR Part 383,, issued by the Federal Motor Carrier hazardous material endorsements on CDLs. material endorsement for drivers transporting a Section 383.93 requires hazardous material that is required to be placarded. contact FMCSA Headquarters additional information on hazardous material endorsements, please field office in Madison, Wisconsin at 608/829-7530. in Washington, D.C. at 202/366-1790 or Scenario #2. "in bulk up to 2000 gallons." An asphalt emulsion is being transported by highway greater than 212 °F and is transported at a temperature of The material has a flashpoint approximately 160 °F to 200 °F. bulk packaging containing a Class 9 elevated temperature material Answer: Under $ 172.504 (f) (9), for domestic transportation, a identification number for the material must be marked on both not require a Class 9 placard; however, the appropriate sides and both ends of the bulk packaging or on two opposing sides, depending on the capacity of the packaging (see Scenario lacard, an orange panel, or a white-square-on-point The identification number may be displayed on a Class configuration: the HOT marking must be displayed on two opposing sides of the In addition, for elevated temperature materials hazardous material endorsements, see the answer to Scenario #1. bulk packaging, as specified in § 173.325. For information on Scenario #3: A rubber modified asphalt is being transported by highway "in bulk up to 400 flashpoint of 424 F and is transported at a temperature of 300 gallons." The material has a °E to 400 °F. Answer: The answers to Scenario #2 apply. I hope this information is helpful. Please contact this office if you need further assistance. Sincerely, Hathe z. Michell Hattie I. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention#

Page 5MIntyre COUNTY OF DANE DEPARTMENT OF ADMINISTRATION 3172.504 210 Martin Luther King, Jr. Boulevard, Room 425 RISK MANAGEMENT 3112.101 (a). Madison, Wisconsin 33703 608/266-4965 Applicability a Placardin Risk Manager BARBARA WEGNER, A.R.M. MARK R. FINARTY 54-0057 Salety Cuordinator 608-267-1555 March 3, 2004 Director, Office of Hazardous Materials Standards Mr. Edward I. Mazzullo 400 7' Street S.W. U.S. DOT/RSPA (DHM-10) Washington, D.C. 20590-001 Dear Mir. Mazzullo: Dane County would like clarification of the placarding requirements of some of our highway maintenance operations. Please review the following operation descriptions and answer the Operation #1: Hauling and applying a medium curing asphalt, MC-800, in bulk up to 1200 transported and applied at a temperature of appruximately 250 degrcos Fahrenheit. gallons. The material has a flashpoint of 100 to 140 degrees Fahrenheir. The material is NA 1999 • Is placarding required? Would the interpretation letter dated July 11, 1994 addressed to Mr. Marvin I. Ford Ill upuly directly to this operation? If not, what? Would a hazardous materials endorsement on a commercial driver's license be required to Is marking required? If so, what? transport? Operation #2: Hauling and applying an anionic asphalt emulsion, HPRS-2P, in bulk up to 2000 transported and applied at a temperature of approximately 160 to 200 degrees Fahrenheit rallons. The material has a flashpoint greater than 212 degrees Fahrerheit. The material i: Is placarding required? If so, what? • Is marking required? If so, what? Would a hazardous materials endorsement on a commercial driver's license be required to transport? Operation #3: Hauling and applying a rubber mudified asphalt in bulk up to 400 gallons. The material has a flashpoint of 424 degrees Fahrenheit. The material is transported and applied at a temperature of 300 to 400 degrees. • Is placarding required? If so, what? Elar ion Ma" .!. 72:0 Is marking required? If so, what? CDI.-Hazam endursument letter 2001 100°C: 213'9 Page 1 or 2 S2669929 DS:20/0BT/E0/88#

Page 6002/80 $9:20 526929 39Vd 60/80 Pag: 2012 CDL-Hazmat endarsement lekter 2004 (608) 266-4425 Fax Madison, WI 53703 (608) 267-1555 210 Martin Luther King Jr. Blvd. Dane County Risk Management Run. 425 CCB afety Coordisrator Lar Finarty Madle e Saf Your answers to the above questions should clarify our hazardous material requirements in our operations: Feel fiee to contact me if you have questions ur commonts. Thank you. Would a hazardous materíals endorsement on a commercial driver's license be required to transport? •#