Chesapeake Fire Department — Hazardous Materials Safety Interpretation

Page 1APR 2 2 2015 U.S. Department of Transportation Pipeline and Hazardous Materials Washington, DC 20590 1200 New Jersey Avenue, SE Safety Administration Mr. Simone J. Gulisano Division Chief/Fire Marshal Fire Prevention Division Chesapeake Fire Department 304 Albemarle Drive Chesapeake, VA 23322 Ref. No. 15-0066 Dear Mr. Gulisano: This responds to your April 6, 2015 e-mail request and subsequent telephone conversation with a member of my staff for clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to requirements of local government agencies. You describe a scenario involving a City of Chesapeake, Virginia business that stores and maintains intermodal tanks containing hazardous materials at a facility on privately owned property in the City without a proper permit. The local business asserts it is not subject to the laws of the City or the Commonwealth of Virginia, since it is already regulated under federal requirements such as the transportation function described in § 171.1(c)(4), storage incidental to movement of a hazardous material. During the telephone conversation, you stated that the local business often stores the intermodal tanks for long periods of time. Specifically, you ask whether a local municipality may apply local zoning codes, fire codes and building codes at a facility where hazardous materials are stored, regardless of the duration of that storage. The HMR apply to hazardous materials stored incidental to movement. There is no limit on the duration of storage incidental to movement provided the requirements in § 171.1(c)(4) are satisfied. As explained in § 171.1(f), 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 of a 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 of preemption. 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 of part 107.#

Page 2I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, d.C. Kely for Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 3Whener in11 Goodall, Shante CTR (PHMSA) Aalicabilty From: Betts, Charles (PHMSA) 15-0044 Sent: Monday, April 06, 2015 1:20 PM To: Hazmat Interps Attachments: image2015-04-06-122738.pdf Importance: High Alice/Shante - Please assign the attached letter to a specialist for immediate response. This is a time sensitive issue and we need to respond by COB April 30*. Looks to be pretty straightforward. Thanks, Charles#

Page 47573828313 10:37:13 a.m. 04-06-2015 1/1 Chesapeake City of Chesapeake Chesapeake Fire Department Fire Prevention Division 304 Albemarle Drive Chesapeake, Virginia 23322 (757) 382-6566 April 6, 2015 FAX (757) 382-8313/8228 BY FACSIMILE TO (202) 366-3666 Mr. Charles E. Betts, Chief Standards Development U.S. Department of Transportation Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Re: Hazardous Materials Regulations Interpretation HMR; 49 CFR 171-180 Dear Mr. Betts: maintains numerous intermodal tanks ("IsoTanks") at a facility on privately owned property in the City The City of Chesapeake, Virginia ("City") has been dealing with a local business that stores and without a proper permit. Each Iso Tank can hold up to 6,100 gallons of hazardous and non-hazardous materiats. Commonwealth of Virginia, since it is already regulated under federal laws. Specifically, the City would The local business continues to assert that it is not subject to the laws of the City or the like clarification regarding the following: land uses and/or building/structures where DOT regulated materials are stored, regardless of the duration Can a Virginia municipality apply its local Zoning, Fire and Building Codes with regard to the of that storage? helpfu, the irat Border repope hern ring up on an 23 015. - old be very assistance. Please feel free to contact me directly at (757) 382-6566 with any questions. With kind regards, I am i Sincerely, 1. Maliano Simone J. Gulisano Division Chief/Fire Marshal cc: Mr. Wilfredo Bonilla, Jr., Esq. Assistant City Altorney The Cith Che pence to at programs and es espered or or i.#