Kaiser Permanente Medical Care Program — Hazardous Materials Safety Interpretation

Page 1= of Transportation US.Department Washington, D.C. 400 Seventh Street, S.W. Special Programs Research and 20590 Administration JUN I / 1998 Ms. Tammi Keating Kaiser Permanente Medical Care Program Ref. No. 98-0049 National Environmental, Health & Safety 1800 Harrison, 11th Floor Oakland, CA 94612 Dear Ms. Keating: This is in reference to your letter dated May 5, 1998, requesting clarification on the materials of trade exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if hazardous materials transported between your company's materials management centers and your health care centers using Kaiser Permanente privately owned and operated vehicles may be considered materials of trade. One criteria for a material of trade is that a hazardous material is transported by a private carrier in direct support of its principal business which may not be transportation by motor vehicle. Since you state that the hazardous materials transported between your company's materials management centers are used to support the business, and provided all conditions of § 173.6 are met, the materials of trade exception may be applied in your scenario. I hope this answers your inquiry. Sincerely, Shan Hille'p Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 980374#

Page 2National Environmental, Health and Safety Kaiser Permanente Medical Care Program 1800 Harrison, 11th Floor - Boothe Dakland, California 94612-3416 §171.8 MOTs KAISER PERMANENTE May 5,1998 Edward Mazzullo Director of OHMS 400 7" Street, sw Washington, DC 20590 Dear Mr. Mazzullo: Our company provides health care to its members on a not-for-profit basis. We have a few materials management centers that receive and distribute various hazardous materials (as defined by DOT regulation) to our own health care centers using Kaiser Permanente privately owned and operated vehicles. We request that you provide us your interpretation in writing as to whether the materials of trade exception would apply to our operations as described above. Thank you in advance for your assistance. If you have any questions, feel free to call me at 510/987-3475. Sincerely, Dammilleatly Tammi Keating 08906-50 (REV. 2-97)#