{"operation":"document","citation":"24-0011","title":"Ohio Public Commission — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-05-02","effective_on":null,"summary":"24-0011 response to Ohio Public Commission concerning 171.1, 172.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-05/240011.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 2, 2024\nTom Forbes\nChief, Motor Carrier Enforcement\nOhio Public Commission\n180 E Broad Street\nColumbus, OH 43215\nReference No. 24-0011\nDear Mr. Forbes:\nThis letter is in response to your February 28, 2024, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to emergency\nresponse information requirements. Specifically, you describe a scenario where emergency\nresponse information is made available by a shipper on a safety data sheet (SDS) and includes\nthe statement “safety data sheet available from the terminal for these products on request”\nprinted on the shipping paper. Additionally, you state that if a carrier were to leave the facility\nwithout a printed SDS, the reverse of the shipping paper has a website where persons may access\nthe shipper’s SDS information for the hazardous material in transport.\nWe have paraphrased and answered your questions as follows:\nQ1: You ask whether adding the statement to the shipping paper, as indicated above, satisfies\nthe § 172.602(b) requirement of providing emergency response information.\nA1: The answer is no. The HMR requires that all persons offering for transportation,\naccepting for transportation, transferring, storing, or otherwise handling hazardous\nmaterials during transportation have emergency response information immediately\navailable for use at all times that the hazardous material is present. Additionally, the\nHMR defines the beginning of transportation in commerce as when a carrier takes\npossession of the hazardous material for purpose of transporting it—see § 171.1(c)—and\nspecifies providing and maintaining emergency response information as a pre-\ntransportation function—see § 171.1(b). Thus, the emergency response information must\nbe provided with the shipping paper in a form required in § 172.602(b).\nQ2: You ask whether providing a website on the back of a shipping paper for carriers to\naccess a SDS for a hazardous material satisfies the requirement of providing emergency\nresponse information.\n\n<<<PAGE 2>>>\n\nA2: The answer is no. The emergency response information provided by a shipper must be in\nthe form of a physical document1 printed legibly in English—see § 172.602(b)(3)—and\nmust include all the information required by § 172.602(a). Further, the electronic display\nof emergency response information—via a website—does not meet the HMR\nrequirement.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nRoundtree\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Written Interpretation Request\nDate: Monday, March 4, 2024 12:56:09 PM\nAttachments: image001.png\nBOL 16131 (1).pdf\n24-0011\nHi Alice,\nPlease see the below interpretation request and the attached document.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: tom.forbes@puco.ohio.gov <tom.forbes@puco.ohio.gov>\nSent: Wednesday, February 28, 2024 8:14 AM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Written Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nInfo Center:\nWe are requesting a written interpretation as to the requirement of Section 172.600 pertaining to\nthe shipper providing ER info.\nIn the scenario at hand the shipper has a statement near the top of the BOL (attached) stating\n“SAFETY DATA SHEET AVAIABLE FROM THE TERMINAL FOR THESE PRODUCTS ON REQUEST” .\nEmergency Response Information in the form of a Safety Data Sheet (SDS) is available at the guard\nshack when the driver receives their shipping paper, if requested. In addition on the reverse side of\nthe shipping paper is a website in which anyone including the carrier or driver has access to all the\nshipper’s SDS. If the driver, after leaving the facility, noticed they did not have emergency response\ninformation they could have accessed it via this website.\nQ1: Does the statement on the BOL satisfy the requirement of 172.600 as it relates to\nthe shipper providing ER info?\nThank your in advance for your response.\n\n<<<PAGE 4>>>\n\nTom Forbes\nChief, Motor Carrier Enforcement\n180 E Broad Street\nColumbus, Ohio 43215\nD: 614.644.0296 C: 614.519.2811\ntom.forbes@puco.ohio.gov\nThis message and any response to it may constitute a public record and thus may be\npublicly available to anyone who requests it.\nThe State of Ohio is an Equal Opportunity Employer and provider of ADA services.\n\n<<<PAGE 5>>>\n\nBOL NUMBER: 16131\nORIGIN: Canton Refinery Scale 2408 Gambrinus Street, Canton, OH 44706\nSPLC CODE: 344900\nJOB: OCMDFL TANK: 121 LANE: LNE_1\nSTART LOAD: 1/11/2024 6:30:06 AM END LOAD: 1/11/2024 7:13:54 AM\nREPRINT\nSOLD TO / CUSTOMER / CONSIGNEE: Owens Corning Roofing and Asphalt LLC-A\n4516194614\nSHIP TO / DESTINATION:\nMedina Cnty\n52665301046030 Medina, OH\nRECEIVED BY / CARRIER: Puryear Tank Lines Inc\nCARRIER'S AGENT (DRIVER): 268559 - Wood, Fred | Truck Number: 474 | Trailer Number: 285\nHAZARD INFORMATION ON REVERSE SIDE\nDOT SHIPPING NAME Gallons\nUN 3257, Elevated Temperature Liquid,\nTOTAL QUANTITY 1 CARGO TANK: 6,039\nN.O.S. (Asphalt), 9, III\nCargo Tank Compartment Product Descriptions Temp Specific Gravity Gross Weight Tare Weight Net Weight Net Tons Net Gallons\nQ29 ROOFING FLUX ASPHALT 305F 15.6C(60F): 0.9930 79360 29420 49940 24.97 6,039\nLBS/GAL 15.6C(60F): 8.270 25C(77F): 0.9870 API: 11.00\nTRANSPORT TRUCK INSPECTION CERTIFICATION: CONTAMINATING\nMATERIALS WHEN PRESENTED FOR LOADING BITUMINOUS MATERIAL.\nI HEREBY CERTIFY THAT THIS CARRIER TANK WAS FREE FROM SOLVENTS OR OTHER\nLAST MATERIALS IN CARRIER TRUCK: _________________________ DRIVER INITIALS: ____________________.\nSHIPPER CERTIFIES MATERIAL HAS BEEN TESTED AND CONFORMS TO AGENCY SPECIFICATIONS, INCLUDING PENNDOT BULLETIN 25. MATERIAL\nPRODUCED AND\nSHIPPED ACCORDING TO ASC PLAN: _____x_____ YES __________NO\nProduct Lot: 121 Fulx\nPO Number: 4516194614\nRECEIPT IS ACKNOWLEDGED OF THE ABOVE MERCHANDISE IN GOOD CONDITION AND IN THE QUANTITY INDICATED.\nCUSTOMER / CONSIGNEE:\n\n<<<PAGE 6>>>\n\nMARATHON PETROLEUM COMPANY LP, 539 SOUTH MAIN STREET, FINDLAY, OH 45840\nA CURRENT MPC SAFETY DATA SHEET (SDS) AND LABEL FOR THIS PRODUCT CAN BE IMMEDIATELY\nACCESSED ONLINE IN A PRINTABLE FORMAT AT\nhttp://www.marathonpetroleum.com/brands_products/Products/sds/\nFOR MORE INFORMATION REGARDING THE SDS OR LABEL, PLEASE CALL (419) 421-3070.\nFIREFIGHTING: For extremely flammable materials, vapors may travel along ground and cause flash fires. For small fires, use Class B media such as carbon dioxide\nEMERGENCY RESPONSE GUIDELINE\nand return free liquid to proper containers.\nregulations (40 CFR 260 through 271). State and local regulations may be more restrictive.\nDISPOSAL CONSIDERATIONS: It is the responsibility of the user to determine if waste material is hazardous at the time of disposal in accordance with RCRA\nnless expressly indicated to the contrary in a written agreement between Company and Carrier, this shipment is to be delivered to Customer/Consignee witho\nADDITIONAL TERMS AND CONDITIONS\nshall not make delivery of this shipment without payment of all charges.\ncourse on Company. Accordingly, Carrier shall look solely to Customer/Consignee for payment of all charges, and, if desired by Carrier for assurance of payme\nhereof; 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\nThe 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\nis a common carrier.\nhis 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\nor Carrier, as applicable, in effect on the date of issuance hereof.\nroduct, 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","truncated":false,"body_characters":8346}