{"operation":"document","citation":"18-0110","title":"Ascent Resources Utica, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-12","effective_on":null,"summary":"18-0110 response to Ascent Resources Utica, LLC concerning 171.1, 171.15, 171.16, 171.8, 173.1, 173.120, 173.121, 173.150, 173.21, 173.24, 173.241, 173.242, 174.1, 177.804, 177.817, 177.834, 177.837.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0110.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0110.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0110","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70386/180110.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFebruary 6, 2019\nSt~ven Parrish\nSenior Supply Chain Specialist\nAscent Resources Utica, LLC\n3501 NW 63rd Street\nOklahoma City, OK 73116\nReferenceNo. 18-0110\nDear Mr. Parrish:\nThis letter is in response to your July 16, 2018, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of dyed diesel\nfuel in bulk quantities. Specifically, you explain that your company is interested in hauling dyed\ndiesel fuel in either a light-duty pickup truck with a 500-gallon tank and equipment installed on a\nflatbed or a mini-transport truck with a capacity of 500-1,000 gallons for use in off-road\nequipment at multiple remote locations.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask if the transportation scenario you describe is an activity to which the HMR do\nnot apply in accordance with§ 171. l(d)(6).\nAl. The answer is no. The transportation scenario you describe is considered in commerce\nfor the purposes of the HMR. Historically, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) interprets \"in commerce\" to mean trade or transportation in\nfurtherance of a commercial enterprise.\nQ2. You ask if the driver of the truck is considered a carrier of hazardous materials in\ncommerce.\nA2. The answer is yes. Section 171.8 of the HMR defines a \"carrier\" as a person who\ntransports passengers or property in commerce by rail car, aircraft, motor vehicle, or\nvessel.\nDyed diesel fuel is subject to the HMR as either a Class 3 flammable or a combustible\nliquid per § § 173 .120 and 173 .121. Bulk packages of Class 3 flammable liquids are fully\nsubject to the requirements of the HMR. See bulk packaging provisions in§§ 173.241\nand 173.242; hazard communication requirements in 49 CFR Part 172, Subparts C\nthrough H; and registration requirements in 49 CFR Part 107, Subpart G.\n\n<<<PAGE 2>>>\n\nQ3. A3. Q4. A4. For domestic transportation, a flammable liquid with a flash point at or above 38 °C\n(100 °F) that does not meet the definition of any other hazard class may be reclassed as a\ncombustible liquid. The HMR except combustible liquids from certain requirements, as\ndescribed in§ 173.lS0(f). However, a combustible liquid that is in a bulk packaging is\nsubject to requirements pertaining to the following:\n• Shipping papers, waybills, switching orders, and hazardous waste manifests;\n• Marking of packages;\n• Display of identification numbers on bulk packages;\n• Placarding requirements of 49 CFR Part 172, Subpart F;\n• Reporting incidents as prescribed by § § 171.15 and 171.16;\n• The requirements of§§ 173.1, 173.21 , 173.24, 173.24a, 173.24b, 174.1, 177.804,\n177.817, 177.834G), and 177.837(d);\n• Training requirements of 49 CFR Part 172, Subpart H;\n• Emergency response information requirements of 49 CFR Part 172, Subpart G;\nand\n• Registration requirements of 49 CFR Part 107, Subpart G.\nYou ask if the driver of the truck must have a Commercial Driver' s License (CDL).\nIn accordance with the Federal Motor Carrier Safety Administration (FMCSA)\nregulations, drivers of vehicles transporting hazardous materials that are required to be\nplacarded in accordance with 49 CFR Part 172, Subpart F must have a CDL with a\nhazardous materials endorsement. See 49 CFR Part 383.\nYou ask if each delivery in the transportation scenario requires shipping papers given that\neach movement is done by and for the same entity.\nThe answer is yes; each shipment requires shipping papers. There is no requirement in\nthe HMR to denote the quantity dispensed on a shipping paper that is used for multiple\ndeliveries. However, if a driver picks up additional quantities of hazardous materials,\nwhich were not previously indicated on the shipping paper, the additional quantities must\nbe added if the total quantity on the vehicle exceeds that indicated on the shipping papers.\n\n<<<PAGE 3>>>\n\nQ5. You ask if having a secondary containment system on the vehicle would exclude it as a\nbulk packaging.\nA5. The answer is no. A \"bulk packaging\" is defined in§ 171.8 as a packaging in which\nhazardous materials are loaded with no intermediate form of containment. In your\ntransportation scenario, the tank itself is considered the bulk packaging; any additional\nsafety measures installed on the truck do not change the definition.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nA \\..\nASCENT\nIHSOURCES Ascent Resources Utica, LLC\nJuly 16, 2018\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nStandards and Rulemaking Division\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nDear Office of Hazardous Materials Standards,\nI would like to request an interpretation regarding the requirements under HMR (Hazardous Materials\nRegulations) for our company's potential fueling project. We have multiple remote locations in Ohio that\nrequire deliveries of small amounts of dyed diesel fuel on a daily basis for use in off-road equipment\n(generators, light towers, etc.). In an effort to ensure adequate supply and to pursue possible cost\nsavings, we are investigating the possibility of purchasing our own fuel truck capable of hauling diesel fuel\nfrom a tank storage facility to our remote locations. The fuel will have been paid for when delivered to the\ntank storage facility so the truck will be hauling fuel that Ascent has already paid for.\nThe truck will either be a light duty pickup truck (ex. Ford F-250) with a 500 gallon tank and equipment\ninstalled on a flat bed or a mini-transport with 500-1,000 gallons capacity (ex. F-350 or F-550 cab &\nchassis with baffled tank system). This truck will be driven on public roads and highways to get'to/from\nour locations.\nI have been researching 49 CFR parts 171 through 395 to determine the applicability of these regulations\nto the project. I would appreciate an interpretation of the following questions as it relates to Ascent's\nproject.\n1. 2. 3. 4. 5. According to Section 171 .1 (d)(6) \"Transportation of a hazardous material by an individual for non-\ncommercial purposes in a private motor vehicle ... \" is not subject to the requirements of the HMR.\nWould the activity described above fit this description and qualify for an exemption from the\nHMR?\nDoes the activity described above qualify the truck as a carrier of hazardous material in\ncommerce?\nDoes the activity described above mandate that the driver possess a commercial driver's license\n(COL)?\nGiven that the activity described above is a movement by and for the same entity, does each\nmovement or delivery require shipping papers?\nIf the truck had a secondary containment system on the vehicle would that exclude it as a \"bulk\npackaging\"?\nSincerely,\nSteven Parrish\nSenior Supply Chain Specialist","truncated":false,"body_characters":7035}