Department of City Development City of Milwaukee — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1 200 New Jersey Ave, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUl - 8 2010 Mr. Clyde Hamer Plan Examiner Department of City Development City of Milwaukee 809 N. Broadway Milwaukee, WI 53202 Ref. No. 10-01 08 Dear Mr. Hamer: This responds to your May 5, 2010 request for clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a local municipality may apply local zoning codes, fire codes and building codes at a facility where hazardous materials are parked or stored during transportation, regardless ofthe duration ofthat parking or storage . . As explained in § 171.1 (f) of the HMR, a facility at which functions regulated under the HMR are performed may be subject to applicable laws and regulations of state and local governments. However, a requirement ofa state, local, or tribal government that conflicts with requirements in the HMR is preempted, unless otherwise authorized by another Federal statute or the Department of Transportation issues a waiver ofpreemption. The Pipeline and Hazardous Materials Administration makes preemption determinations applicable to specific non-Federal requirements on a case-by-case basis. The procedures for DOT to make administrative determinations of preemption are set forth in subpart C ofpart 107. I hope this answers your inquiry. For your information, it may be helpful to attend the next Hazardous Materials Multimodal Seminar being held in Milwaukee August 10-11, 2010.#

Page 2Infonnation on the Hazardous Materials Multimodal Seminar in Milwaukee can be found on our website at http://www.phmsa.dot.gov/hazmatJtraining/seminars. If you need further assistance, please contact this Office. Sincerely, ~~ Charles E. Betts Chief, Standards Development of Hazardous Materials Standards#

Page 3Department of City Development City Housing Authority Rocky Marcoux of Redevelopment Authority Commissioner City Plan Commission Milwaukee Historic Preservation Commission Martha L. Brown NIDC Deputy Commissioner May 5, 2010 To: U.S. DOT PHMSA Office of Hazardous Materials Standards ATfN: PHHH-I0 East building . 1200 New Jersey Ave, SE Washington, DC 20590-0001 RE: Local jurisdiction regarding Hazardous Materials in transit. To Whom It May Concern, The City of Milwaukee has formed a task force comprised ofvarious regulatory and enforcement sections to address the storage and or use ofHazardous Materials within the City Limits. As part ofthat discussion we have some questions regarding the regulation of Hazardous Materials at a facility that incorporates DOT transportation functions. We are requesting clarification regarding that issue. Please see the question below and provide clarification to us. At a facility that incorporates DOT transportation functions including storage incidental to movement and transloading, can the local municipality apply local Zoning Codes, Fire Codes and Building Codes in regards to the land uses and or buildings or structures where DOT regulated materials are parked or stored regardless ofthe duration ofthat parking or storage? IE To illustrate our question "The offloading ofhazardous material from a vehicle into a building or the parking of a trailer containing hazardous material at a facility while awaiting transfer to another vehicle where the building or facility in question is not the final destination as indicated on the shipping documents." Thank you in advance for your assistance and Cooperation. Please feel free to contact me directly via phone or email please see contact information below. diJJL-, Clyde Hamer Plan Examiner City of Milwaukee Phone: 1-414-286-2550 Email: chanler@milwaukee.gov 809 N Broadway Milwaukee, WI 53202 809 North Broadway. Milwaukee. Wisconsin. Phone (414) 286-5900 Mailing Address: P.O. Box 324, Milwaukee, WI. 53201-0324. Web Site: www.mkedcd.org T.D.D. Numbers: Rent Assistance 286-2921 and CommunitY Services 286-3504#