{"operation":"document","citation":"22-0064","title":"Total Compliance, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-12-22","effective_on":null,"summary":"22-0064 response to Total Compliance, LLC concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0064.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0064.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0064","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77096/220064.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 22, 2022\nMr. Chris Heminger, CPEA\nSenior Partner\nTotal Compliance, LLC\n5859 Morganwood Square\nHillard, OH 43026\nReference No. 22-0064\nDear Mr. Heminger:\nThis letter is in response to your June 18, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to activities that are not subject\nto the HMR. Specifically, you state that your client transports hazardous materials by motor\nvehicle between a facility and a warehouse that it owns, and that the facility and warehouse are\non opposite sides of a public road. You further state that whenever hazardous materials are\ntransported between the two buildings, your client marks the public road with yellow hash\nmarks, posts “CAUTION” signs facing each direction of traffic and closes the public road\nbetween the facility and warehouse in both directions by placing physical barriers and stop signs.\nYou ask whether your client’s controls—as described in your email—can be considered a\n“contiguous facility boundary” as referenced in § 171.1(d) (Functions not subject to the\nrequirements of the HMR).\nThe answer is yes. Based on the information you provided in your email, it is the opinion of this\nOffice that your client’s operation would be considered a contiguous facility boundary as\nreferenced in § 171.1(d)(4) when access to the public road is restricted by signals, lights, gates,\nor similar controls.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulator Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWolcott\n22-0064\nFrom: Foster, Glenn (PHMSA)\nTo: Date: Dodd, Alice (PHMSA); Hillman, Kenetha CTR (PHMSA)\nSubject: FW: Total Compliance Correspondence\nWednesday, June 29, 2022 2:39:29 PM\nAttachments: EO - Foster(TotalComp) 29Jun22.pdf\nAlice or Kenetha,\nCan you of you have the attached checked in and assigned as a new request for a LOI, please?\nThanks,\nGlenn\nFrom: Lisak, Frank (PHMSA) <frank.lisak@dot.gov>\nSent: Wednesday, June 29, 2022 1:44 PM\nTo: Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>\nSubject: Total Compliance Correspondence\nHi, Glenn:\nThe attachment is for your review.\nFrank\n\n<<<PAGE 3>>>\n\nTOTAL\nCOMPLIANCE\nEPA - DOT - OSHA - ISO\nTotal-Compliance.com\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJune 18, 2022\nAttention: T. Glenn Foster, Chief, Regulatory Review and Reinvention\nSubject: Request for Clarification on 49 CFR 171.1(d)(4) Functions not subject to the requirements of\nthe Hazardous Material Regulations.\nDear Mr. Foster:\nWe are representing The Tedia Company in Fairfield Ohio. We are requesting that the PHMSA provide\nan interpretation, by letter, in regard to functions not subject to the requirements of the Hazardous\nMaterial Regulations (HMR) found in 49 CFR 171.1(d)(4) based on the Tedia Company's operations\ndescribed below at the following address:\nTedia Company\n1000 Tedia Way\nFairfield, Ohio 45014\nThe attached map shows Tedia Company's location and property boundary - ATTACHMENT A. The\nroad shown in ATTCHMENT A (Tedia Way) is an industrial park access road that is consigned to normal\nindustrial activity but can be accessed by the public.\nTedia Company manufactures their products in the building on the east side of Tedia Way. These\nproducts are DOT Hazardous Materials that typically fall into Hazard Class 3, 8 and 6.1. In the facility on\nthe east side of Tedia Way, employees place the product in UN rated packaging, mark and label the\npackaging, and secure it to a pallet. For years Tedia Company employees have been using a large\nforklift to move the pallets (2 at a time) across Tedia Way to the shipping warehouse on the west side\nof Tedia Way. This activity occurs 2-3 times per hour throughout the day. The products are then\nprepared for shipment in the warehouse on the west side of Tedia Way and shipped out to customers\nas a DOT Hazardous Material.\nTedia Company would like to switch to using a box truck to move the product across the street. The\nbox truck would be a small <10,001-pound vehicle dedicated for this activity at the Tedia Company site.\nThis will significantly reduce risk, improve safety and reduce the number of trips across the street.\nTedia Company is prepared to mark the road with yellow hash marks and post two \"Caution, Watch For\nTruck Traffic\" signs for both north and southbound traffic on Tedia Way - see enclosed diagram.\nTotal Compliance, 5859 Morganwood Square, Hilliard, OH 43026 / 614-554-0343\n\n<<<PAGE 4>>>\n\nHMR Applicability - Tedia Co.\nJune 18, 2022\nAdditionally, Tedia Company employees would shut the Tedia Way roadway down by placing barriers\n(orange barrels, A-Frame Barricade, fold-up barricade etc.) and a stop sign on each side of the crossing\ntherefore stopping traffic on both directions while the Hazardous Material crosses the street.\nExamples:\nSTOP\nTedia Company has been in meetings with the City of Fairfield to obtain their agreement to these\ncontrols. See the attached diagram - ATTACHMENT A.\nWe believe the HMR exception provided in 49 CFR 171.1(d)(4) applies to the operations stated above.\n171.1(d)(4) Rail and motor vehicle movements of a hazardous material exclusively within a\ncontiguous facility boundary where public access is restricted, except to the extent that the movement\nis on or crosses a public road or is on track that is part of the general railroad system of\ntransportation, unless access to the public road is restricted by signals, lights, gates, or similar\ncontrols.\nThe facility property is contiguous and is intersected by the industrial park access road - Tedia Way.\nThe portion of Tedia Way in this scenario will be marked and signage will be added indicating a truck\ncrossing. We believe this satisfies the regulation stated above. Since Tedia Way is an industrial park\nroad and the fact that Tedia Company will provide \"similar controls\" to restrict access to the road\nduring the movement of Hazardous Material across Tedia Way.\nBased upon the facts described in this letter, we believe the activity of moving the product across the\nstreet is a function that would not be subject to the Hazardous Material Regulations based on controls\nproposed and the regulation cited above. We request your written interpretation of the application of\nthe cited Hazardous Material Regulation exception to the movement of hazardous material product\nacross Tedia Way within its contiguous property.\nIf you have any questions concerning this request for interpretation, or need any additional\ninformation, please do not hesitate to contact me at the email or telephone number listed below.\nSincerely,\nChis Heminger\nChris Heminger, CPEA\nSenior Partner\nTotal Compliance LLC\n614-554-0343\nchris@total-compliance.com\nPage 2 of 2\nTotal Compliance, LLC","truncated":false,"body_characters":7043}