{"operation":"document","citation":"14-0191","title":"Daniels Training Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-03-04","effective_on":null,"summary":"14-0191 response to Daniels Training Services concerning 171.7, 174.14.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0191.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0191.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0191","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140191.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC\n20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDaniel Stoehr\nMAR 0 4 2015\nDaniels Training Services\nPO Box 1232\nFreeport, IL 61032\nRef. No.: 14-0191\nDear Mr. Stoehr:\nThis responds to your October 8, 2014 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to storage incidental to\nmovement of hazardous material at a \"transfer facility\" as defined by the Environmental\nProtection Agency (EPA). Your questions are paraphrased and answered below.\nQ1. Does the HMR identify a \"transfer facility\" in a fashion similar to how it is defined\nin 40 CFR § 260.10?\nA1. The HMR does not specifically define a \"transfer facility,\" neither in a fashion\nsimilar to the definition found in 40 CFR § 260.10 or otherwise.\nQ2. Does the HMR permit storage incidental to movement of a hazardous waste at a\n\"transfer facility\" as it is defined in 40 CFR § 260.10 in the same manner as allowed\nin 40 CFR § 263.12?\nA2. The HMR permits storage incidental to movement of a hazardous material, including\na hazardous waste, as provided under 49 CFR 171.1, notwithstanding the definition\nof a \"transfer facility,\" nor the manner of storage specified in the regulations of the\nEPA\nThe HMR governs the safe transportation of hazardous materials in commerce. The\nFederal Hazardous Materials Transportation Law (Federal Hazmat Law) defines\n\"transportation\" in 49 U.S.C. 5101(12) as \"the movement of property and loading,\nunloading, and storage incidental to movement.\" A hazardous material is \"in\ntransportation\" and, therefore, subject to applicable requirements of the HMR from\nthe time it is offered for transportation until the time that it reaches its final\ndestination, provided the hazardous material is not repackaged. It should be noted\nthat as provided in § 171.7(e) of the HMR, each facility at which pre-transportation\nor transportation functions are performed in accordance with the HMR may be\n\n<<<PAGE 2>>>\n\nsubject to applicable standards and regulations of other Federal agencies (e.g. EPA\nrequirements).\nQ3.\nDoes the HMR permit the storage incidental to movement of a hazardous material,\nother than a hazardous waste, at a \"transfer facility\" provided it is in compliance with\nall of the applicable requirements of the HMR?\nA3. See A2.\nQ4. How many days may a hazardous material remain in storage incidental to movement\nat a \"transfer facility\"?\nA4. The HMR does not limit the amount of time a hazardous material may remain in\nstorage incidental to movement. However, under § 174.14 for shipments made by\nrail a carrier must forward each shipment of hazardous materials promptly and\nwithin 48 hours (Saturdays, Sundays, and holidays excluded), after acceptance at the\noriginating point or receipt at any yard, transfer station, or interchange point, except\nthat where biweekly or weekly service only is performed, a shipment of hazardous\nmaterials must be forwarded on the first available train.\nQ5. How many times may a hazardous material remain in storage incidental to\nmovement at a \"transfer facility\"?\nA5.\nThe HMR does not limit the number of times a hazardous material may be placed in\nstorage incidental to movement.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nandrews\n171.1()\nApplicability\nDodd, Alice (PHMSA)\nFrom:\n14-0191\nSent:\nCiccarone, Michael CTR (PHMSA)\nWednesday, October 08, 2014 2:46 PM\nTo:\nHazmat Interps\nSubject:\nFW: Storage Incidental to Movement for Hazardous Materials and the 10-Day Transter\nFacility for Hazardous Waste\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Mr. Stoehr spoke with Jordan Rivera and Adam Lucas in the\nHMIC.\nMr. Stoehr's address is:\nPO Box 1232\nFreeport, IL 61032\nThanks,\nMike\nFrom: Daniel Stoehr [mailto:info@danielstraining.com]\nTo: PHMSA HM InfoCenter\nSent: Wednesday, October 08, 2014 2:37 PM\nSubject: Storage Incidental to Movement for Hazardous Materials and the 10-Day Transfer Facility for Hazardous Waste\n49 CFR 171.1(c) identifies the transportation in commerce of a hazardous material as being subject to the\nHazardous Material Regulations of the PHMSA, \"Requirements in the HMR apply to transportation of a\nhazardous material in commerce...\". 171.1(c) proceeds to include the following as transportation in\ncommerce.\n• \"Movement.\"\n• \"Unloading incidental to movement of a hazardous material.\"\n\"Loading incidental to movement of a hazardous material.\"\n• \"Storage incidental to movement of a hazardous material.\"\nStorage incidental to movement of a hazardous material is explained at §171.1(c)(4) and defined exactly the\nsame at §171.8 (the definition at §171.8 is below):\n\"Storage incidental to movement means storage of a transport vehicle, freight container, or package\ncontaining a hazardous material by any person between the time that a carrier takes physical possession of\nthe hazardous material for the purpose of transporting it in commerce until the package containing the\nhazardous material is physically delivered to the destination indicated on a shipping document, package\nmarking, or other medium, or, in the case of a private motor carrier, between the time that a motor vehicle\ndriver takes physical possession of the hazardous material for the purpose of transporting it in commerce\nuntil the driver relinquishes possession of the package at its destination and is no longer responsible for\nperforming functions subject to the HMR with respect to that particular package.\n(1) Storage incidental to movement includes—\n\n<<<PAGE 4>>>\n\n(i) Storage at the destination shown on a shipping document, including storage at a transloading facility,\nprovided the shipping documentation identifies the shipment as a through-shipment and identifies the final\ndestination or destinations of the hazardous material; and\n(ii) Rail cars containing hazardous materials that are stored on track that does not meet the definition of\n\"private track or siding\" in §171.8, even if those cars have been delivered to the destination shown on the\nshipping document.\n(2) Storage incidental to movement does not include storage of a hazardous material at its final destination\nas shown on a shipping document.\"\nWhile §171.8 and §171.1(c)(4) specifically identify two circumstances included as storage incidental to\nmovement: a transloading facility - with conditions - and certain locations on train tracks, it does not limit the\nscope of the term to just these two.\nIt therefore appears that the HMR allows for the storage of a hazardous material while it is in transportation at a\nlocation other than the Offeror (ie. Shipper) or the destination facility. It does not define the parameters of what\nthis location might be. Nor does it identify who will be responsible for the hazardous material while it is in\nstorage incidental to transportation (eg. \"...any person...\"). Further, it does not identify any additional\nrequirements for the person responsible for a hazardous material in storage incidental to movement; this\nincludes any limit on the amount of time the hazardous material may remain in storage incidental to\nmovement. Of course, since a hazardous material in storage incidental to movement remains subject to the\nHMR, all of the applicable requirements for a hazardous material remain while it is in storage incidental to\nmovement.\nSeemingly, the only regulation that might preclude the indefinite storage of a hazardous material while it is in\nstorage incidental to movement can be found at §177.800(d):\n\"No unnecessary delay in movement of shipments. All shipments of hazardous materials must be transported\nwithout unnecessary delay, from and including the time of commencement of the loading of the hazardous\nmaterial until its final unloading at destination.\" As a limitation on the amount of time a hazardous material\nmay spend in storage incidental to movement this regulation is impossible to quantify.\nConversely, the USEPA regulations at 40 CFR 263.12 clearly define the term, requirements, and exclusions for\na Transfer Facility for hazardous waste:\n\"A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements\nof $262.30 at a transfer facility for a period of ten days or less is not subject to regulation under parts 270,\n264, 265, 267, and 268 of this chapter with respect to the storage of those wastes.\"\nUSEPA regulations also define what exactly is meant by a Transfer Facility at 40 CFR 260.10:\n\"Transfer facility means any transportation-related facility, including loading docks, parking areas, storage areas\nthe normal course of transportation.\"\nand other similar areas where shipments of hazardous waste or hazardous secondary materials are held during\nMy Questions:\n1. Does the HMR identify or define a \"Transfer Facility\" in a similar fashion to how it is defined at 40 CFR\n260.10?\n2. Does the HMR permit the storage incidental to movement of a hazardous waste at a \"transfer facility\" -\nas it is defined at 40 CFR 260.10 - in the same manner as it is allowed by the USEPA at 40 CFR 263.12?\nDoes the HMR permit the storage incidental to movement of a hazardous material - other than a\nhazardous waste - at a \"Transfer Facility\" as long as it is in compliance with all applicable requirements\nof the HMR?\n\n<<<PAGE 5>>>\n\n4. If \"yes\" to #2, for how long (ie. how many days) may a hazardous material remain in storage incidental\nto movement at a Transfer Facility\"?\n5. And while we're at it: If \"yes\" to #2, how many separate times may a hazardous material in\ntransportátion be placed in storage incidental to movement at a \"Transfer Facility(ies)\"?\nThank you for your time. I look forward to your response. Please don't hesitate to contact me with any\nquestions.\nDaniel Stoehr\nDaniels Training Services\n815.821.1550\nInfo@DanielsTraining.com\nwww.DanielsTraining.com\n3","truncated":false,"body_characters":10041}