University of Chicago — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 JAN 0 8 2009 Ms. Susan Grover Environmental Health and Safety University of Chicago 5640 South Ellis Avenue Chicago, IL 60637 Reference No. 08-0268 Dear Ms. Grover: This is in response to your request for clarification of the applicability of the Hazardous Materials Regulations (49 CFR Parts 171-180) to the University of Chicago's transportation of hazardous materials. You state that the University of Chicago is not a state agency, but that the hazardous materials are transported on University grounds that are publicly accessible. Your understanding of the HMR is that any transportation of hazardous materials within University-owned buildings in University vehicles, is excepted from the HMR, including vehicle placarding requirements, provided the materials stay within the control of University employees the entire time. You state that the hazardous materials are not being transported in commerce. Your understanding is not correct. Generally, transportation of hazardous materials by employees of a private college or university is considered commercial transportation for purposes of the HMR and, thus, is subject to all applicable HMR requirements. This includes transportation of hazardous materials on University grounds that are publicly accessible. Note, however, that, in accordance with 5 171.l(d)(4), the HMR do not apply to rail or motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted. I hope this information is helpful. Please contact this office should you have further questions. Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2T h e U n i v e r s i t y O f C h i c a g o . R i s k M a n a g e m e n t , A u d i t a n d S a f e t y . fippjl~ob$ E n v i r o n m e n t a l H e a l t h a n d S a f e t y 06-6 ~ - 5 6 4 0 S o u t h E l l i s A v e n u e , C h i c a g o , I l l i n o i s 6 0 6 3 7 Sarah Grover Industrial Hygienist Environmental Health and Safety Phone: (773) 702-071 1 Fax: (773) 702-6546 email: smgrover@uchicago.edu U.S. Department of Transportation PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Re: Applicability of Hazardous Material Regulation To Whom It May Concern: My question is regarding the applicability of the Hazardous Material Regulations (HMR; 49 CFR 17 1- 180) to the University of Chicago. I have reviewed the PHMSA Response Letter dated February 13, 2004 (Reference No. 03-0326), which appears to be a similar issue. The University of Chicago is also not offering hazardous materials for transportation in commerce. However, the University of Chicago is not a state agency or local jurisdiction, as was the subject of the aforementioned letter. University employees, using University-owned vehicles, regularly transport University-owned hazardous materials between research buildings on its campus. The University's main campus is publicly accessible and is not guarded by signals, lights, or gates. We have posed the question of applicability to US DOT via telephone in the past and received the opinion that any transport of hazardous materials within University-owned buildings in University vehicles, provided the materials stay within the control uf University employees the entire time, is exempt fiom the HMR, including vehicle placarding requirements. I am writing now in order to get a written response from US DOT on this issue. I look forward to hearing your interpretation on the HMR as to whether it does or does not apply to the University of Chicago. Thank you, Sarah Grover Environmental Health and Safety University of Chicago#