Eastman Chemical Co. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Ave .. S.E. Washington. DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration FEB 1 ,j 2U1:~ Julie Brown Eastman Chemical Co. P.O. Box 431 Kingsport, TN 37662 Reference No.: 11-0271 Dear Ms. Brown: This is in response to your October 27, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the applicability of training requirements for tank car inspectors performing a list of provided job functions. Specifically you ask if a tank car inspector who performs a visual on the ground inspection consisting of the following tasks is required to have hazardous materials training in accordance with § 172.702 and § 172.704; verifying placards marked with UN identification numbers match a list provided by the shipper, verifying tank car stenciling is legible, verifying there is no evidence of material leaking from the bottom of the car, verifying there are no unsafe mechanical issues pertaining to operation, and reporting any issues to the shipper for proper disposition. The answer to your question is yes. Hazmat employers are required by § 172.702(a) to "ensure that each of its hazmat employees is trained in accordance with the requirements" prescribed in Part 172, Subpart H of the HMR. As defined in § 171.8, a hazmat employee is a person who, in the course of his or her employment, "directly affects hazardous materials transportation safety." An employee who inspects shipments and verifies compliance with hazard communication requirements is performing a function that directly affects transportation safety and, thus, is subject to the training requirements in § 172.704 of the HMR. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Delmer Billings Senior Regulatory A visor Standards and Rulemaking Division#

Page 2Eastman Chemical Company P. O. Box431 Kingsport, Tennessee 37662 EASTMAN October 27, 2011. We b1 U.S. DOT ~ Ill. S PHMSA Office of Hazardous Materials Standards Attn: PHH-10 ~ 172· '7{J.b East Building 1200 New Jersey Avenue, SE. b £:+i VI itTOYlS Washington, DC 20590-0001 II"o~'11 Dear Sir/Madam: Do the following job functions meet the definition of a "hazmat employee" and require training under 49 CFR 172.700? A tank car inspector who does performs a visual on the ground inspection that includes: • Verifying UN numbered placards match a list provided by shipper • Verifying tank car stenciling is legible • Verifying there is no evidence of material leaking from the bottom of the car • Verifying there are no unsafe mechanical issues pertaining to operation from ground level only • Reporting any issues to shipper for proper disposition Best Regards,..-- £ ~/~ Eastman Chemical Co P.O. Box 431 Kingsport, TN 37662 jvbrown@eastman.com 423-229-6420 ~~ Responsible Care® Good Chemistry at Work#