Ohio Public Commission — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration May 2, 2024 Tom Forbes Chief, Motor Carrier Enforcement Ohio Public Commission 180 E Broad Street Columbus, OH 43215 Reference No. 24-0011 Dear Mr. Forbes: This letter is in response to your February 28, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to emergency response information requirements. Specifically, you describe a scenario where emergency response information is made available by a shipper on a safety data sheet (SDS) and includes the statement “safety data sheet available from the terminal for these products on request” printed on the shipping paper. Additionally, you state that if a carrier were to leave the facility without a printed SDS, the reverse of the shipping paper has a website where persons may access the shipper’s SDS information for the hazardous material in transport. We have paraphrased and answered your questions as follows: Q1: You ask whether adding the statement to the shipping paper, as indicated above, satisfies the § 172.602(b) requirement of providing emergency response information. A1: The answer is no. The HMR requires that all persons offering for transportation, accepting for transportation, transferring, storing, or otherwise handling hazardous materials during transportation have emergency response information immediately available for use at all times that the hazardous material is present. Additionally, the HMR defines the beginning of transportation in commerce as when a carrier takes possession of the hazardous material for purpose of transporting it—see § 171.1(c)—and specifies providing and maintaining emergency response information as a pre- transportation function—see § 171.1(b). Thus, the emergency response information must be provided with the shipping paper in a form required in § 172.602(b). Q2: You ask whether providing a website on the back of a shipping paper for carriers to access a SDS for a hazardous material satisfies the requirement of providing emergency response information.#

Page 2A2: The answer is no. The emergency response information provided by a shipper must be in the form of a physical document1 printed legibly in English—see § 172.602(b)(3)—and must include all the information required by § 172.602(a). Further, the electronic display of emergency response information—via a website—does not meet the HMR requirement. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Roundtree From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Written Interpretation Request Date: Monday, March 4, 2024 12:56:09 PM Attachments: image001.png BOL 16131 (1).pdf 24-0011 Hi Alice, Please see the below interpretation request and the attached document. Let me know if you need anything. Regards, -Breanna From: tom.forbes@puco.ohio.gov <tom.forbes@puco.ohio.gov> Sent: Wednesday, February 28, 2024 8:14 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: Written Interpretation Request CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Info Center: We are requesting a written interpretation as to the requirement of Section 172.600 pertaining to the shipper providing ER info. In the scenario at hand the shipper has a statement near the top of the BOL (attached) stating “SAFETY DATA SHEET AVAIABLE FROM THE TERMINAL FOR THESE PRODUCTS ON REQUEST” . Emergency Response Information in the form of a Safety Data Sheet (SDS) is available at the guard shack when the driver receives their shipping paper, if requested. In addition on the reverse side of the shipping paper is a website in which anyone including the carrier or driver has access to all the shipper’s SDS. If the driver, after leaving the facility, noticed they did not have emergency response information they could have accessed it via this website. Q1: Does the statement on the BOL satisfy the requirement of 172.600 as it relates to the shipper providing ER info? Thank your in advance for your response.#

Page 4Tom Forbes Chief, Motor Carrier Enforcement 180 E Broad Street Columbus, Ohio 43215 D: 614.644.0296 C: 614.519.2811 tom.forbes@puco.ohio.gov This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it. The State of Ohio is an Equal Opportunity Employer and provider of ADA services.#

Page 5BOL NUMBER: 16131 ORIGIN: Canton Refinery Scale 2408 Gambrinus Street, Canton, OH 44706 SPLC CODE: 344900 JOB: OCMDFL TANK: 121 LANE: LNE_1 START LOAD: 1/11/2024 6:30:06 AM END LOAD: 1/11/2024 7:13:54 AM REPRINT SOLD TO / CUSTOMER / CONSIGNEE: Owens Corning Roofing and Asphalt LLC-A 4516194614 SHIP TO / DESTINATION: Medina Cnty 52665301046030 Medina, OH RECEIVED BY / CARRIER: Puryear Tank Lines Inc CARRIER'S AGENT (DRIVER): 268559 - Wood, Fred | Truck Number: 474 | Trailer Number: 285 HAZARD INFORMATION ON REVERSE SIDE DOT SHIPPING NAME Gallons UN 3257, Elevated Temperature Liquid, TOTAL QUANTITY 1 CARGO TANK: 6,039 N.O.S. (Asphalt), 9, III Cargo Tank Compartment Product Descriptions Temp Specific Gravity Gross Weight Tare Weight Net Weight Net Tons Net Gallons Q29 ROOFING FLUX ASPHALT 305F 15.6C(60F): 0.9930 79360 29420 49940 24.97 6,039 LBS/GAL 15.6C(60F): 8.270 25C(77F): 0.9870 API: 11.00 TRANSPORT TRUCK INSPECTION CERTIFICATION: CONTAMINATING MATERIALS WHEN PRESENTED FOR LOADING BITUMINOUS MATERIAL. I HEREBY CERTIFY THAT THIS CARRIER TANK WAS FREE FROM SOLVENTS OR OTHER LAST MATERIALS IN CARRIER TRUCK: _________________________ DRIVER INITIALS: ____________________. SHIPPER CERTIFIES MATERIAL HAS BEEN TESTED AND CONFORMS TO AGENCY SPECIFICATIONS, INCLUDING PENNDOT BULLETIN 25. MATERIAL PRODUCED AND SHIPPED ACCORDING TO ASC PLAN: _____x_____ YES __________NO Product Lot: 121 Fulx PO Number: 4516194614 RECEIPT IS ACKNOWLEDGED OF THE ABOVE MERCHANDISE IN GOOD CONDITION AND IN THE QUANTITY INDICATED. CUSTOMER / CONSIGNEE:#

Page 6MARATHON PETROLEUM COMPANY LP, 539 SOUTH MAIN STREET, FINDLAY, OH 45840 A CURRENT MPC SAFETY DATA SHEET (SDS) AND LABEL FOR THIS PRODUCT CAN BE IMMEDIATELY ACCESSED ONLINE IN A PRINTABLE FORMAT AT http://www.marathonpetroleum.com/brands_products/Products/sds/ FOR MORE INFORMATION REGARDING THE SDS OR LABEL, PLEASE CALL (419) 421-3070. FIREFIGHTING: For extremely flammable materials, vapors may travel along ground and cause flash fires. For small fires, use Class B media such as carbon dioxide EMERGENCY RESPONSE GUIDELINE and return free liquid to proper containers. regulations (40 CFR 260 through 271). State and local regulations may be more restrictive. DISPOSAL CONSIDERATIONS: It is the responsibility of the user to determine if waste material is hazardous at the time of disposal in accordance with RCRA nless expressly indicated to the contrary in a written agreement between Company and Carrier, this shipment is to be delivered to Customer/Consignee witho ADDITIONAL TERMS AND CONDITIONS shall not make delivery of this shipment without payment of all charges. course on Company. Accordingly, Carrier shall look solely to Customer/Consignee for payment of all charges, and, if desired by Carrier for assurance of payme hereof; and, as between Customer and Carrier, any pertinent contracts in effect between such parties, as well as the terms of any lawfully applicable tariffs) if Carrier The receipt of product hereunder is subject to pertinent contracts between Company and Customer and/or Carrier, as applicable, in effect on the date of issuance is a common carrier. his document shall not constitute a Bill of Lading, but merely a receipt for product, when such product is moved in a vehicle operated by the shipper or owner of th or Carrier, as applicable, in effect on the date of issuance hereof. roduct, or when title to product passes on a non-consignment basis. Nothing herein shall alter, in any manner, any contracts between Company and Customer and#