Emergency Response and Training Solutions — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington. DC 20590 1200 New Jersey Ave.. S.E. Pipeline and Hazardous Materials Safety Administratior JUN 2 0 2007 Mr. George Sabo Emergency Response and Training Solutions Senior Emergency Response Manager Ref. No. 07-0096 3401 Chagrin Rd., Suite 15E Chagrin Falls. OH 44023 Dear Mr. Sabo: This is in response to your electronic transmission requesting clarification of the incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts the place of providing notice by telephone. functions is legally responsible under the HMR for their proper performance. As such, Any person who performs or is contractually responsible to perform any of the HMR your company may pertorm the incident reporting requirements in $§ 171.15 and 171.16 on behalf of the person in physical possession of a hazardous material. With respect to electronic reporting, it is not an option for the § 171.15 immediate notice of incident reporting requirements; a report by telephone is required. However, a provided by § 171.16(b)(1), an electronic report on DOT Form F5800 may be submitted it lieu of a written report sent by mail for the detailed incident report. I hope this information is helpful. Please contact this office if you have additional questions. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.15 171.16 16)) 070096#

Page 2MCIntyre Page 1 of l §171.15 INFOCNTR <PHMSA> $171.16 From: George Sabo [gsabo@ertsonline.com] Incidents Reports Sent: Thursday, May 10, 2007 2:45 PM 07-0096 To: INFOCNTR <PHMSA> Subject: Request for interpretation Dear Sirs, My company Emergency Response and Training Solutions (ERTS) is an environmental consulting firm for the trucking industry. We have been following the same procedure for required reporting of hazardous material rights and procedures as currently being employed. I would appreciate clarification and interpretation of a few incidents to the National Response Center for many years and recently have been questioned about or regulatory points of the regulations: 1) 171.15 states that each person in physical position of the hazardous material must provide a violation of the regulations? We do have contacts in place with each client giving us the authority to We do all the reporting on behalf of the responsible party and indicate so when reporting is made. Is this complete all required reporting as necessary. 171.5 also state that notice is to be made to the NRC by telephone. Since mid 2006 the NRC has offered electronic reporting via their website with either confirmation via e- hazardous material at time of release 3) 171.16 repeats the same stipulation for telephonic reporting by person in physical control of electronically. Again we complete all required reporting on behalf of the responsible party and some reports are made pro-active approach to reporting but did indicate that some interpretation of the regulation is required. The NRC website and the instructions for electronic reporting do not state that electronic reporting for certain incidents may not meet the required reporting requirements. Thank you for your assistance in this matter. If additional information is required I can be reached at the numbers below or via e-mail. George Sabo Senior Emergency Response Manager 8401 ChaGRiN Ad Office (440) 543-2400 x309 Emergency Response and Training Solutions Suite 15 B Cell (216) 287-3685 Fax (440) 543-2444 Cht Falls, on 44023 5/10/2007#