General Electric Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department • of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration DEC 3 0 1998 Dr. Jim Merrifield Ref. No. 98-0327 Senior Regulatory Specialist General Electric Company 260 Hudson River Road Waterford, NY 12188 Dear Dr. Merrifield: This is in response to your letter of November 4, 1998, regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the HMR apply to the following traffic situation which occurs three to five times each day: A guard-controlled entrance gate for a waste treatment facility is located directly across a public road from an operator-controlled entrance gate for the main site. A traffic light is suspended above this crossover. Whenever facility traffic wishes to travel between the two sites, either the guard or the vehicle driver will activate the traffic light/gate controller. The traffic light sequences through yellow to red. The gates begin opening after the light is red. The traffic light is red for 4-6 seconds before the vehicle can pass through the gate. The red traffic light is affixed with a flashing strobe that is visible from several hundred feet. North-south traffic along the public road stops in both directions at the light prior to and during any facility vehicle crossing. After the vehicle has cleared the road, either the guard or the vehicle operator closes the gate and returns the light to green for traffic to resume. As specified in § 171.1, the HMR govern the safe transportation of hazardous material in intrastațe, interstate, and foreign commerce. "In commerce" excludes from regulation the transportation of hazardous material on a private road. The use of a traffic light in these circumstances to deny public access to a public highway makes the highway private, and therefore, not subject to the HMR. I hope this answers your inquiry. If we can be of further assistance, please contact us. Sincerely, Dihon Hi lli'o Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 2FROM: RADIAN INTERNATIONAL FAX NO.: 9194611374 11-84-98 11:424 P.02 98-0327 - GE Silicones George 583222 30:3 Allgust 25, 1998 8171,1 Office of Hazardous Mintcrial Standards Mr. Ed Mazzullo. Director Research and Special Programs Administration 400 7th Street, SW U.S. Department of Transportation FAX: (202) 366-3012 Washington DC 20509-0001 Dear Mr. Mazzullo: I am writing to you to request a written regulmory interpretation concerning the applicability of the lazardous material regulations (HMR) lo llc Following Iransporation situation: A two-lane public road traverses our facilily sitc, soprating the site into rwo sections: the main site and an anciary sin The ancillary site cantains our waste traumen facility. A fence completely surrounds by a guardhorse, so both sections of our facilily site are privnie necess areas. ach site. Each site has a guard-controlled curance gale. Triffic in and out of cither site is monitored located directy across the public road from a operator-controlled entrance gate for the main site. A traffic As show ill the diagram attached, a guard-controlled entrance gate for the waste treatment facility is light is suspended above this crossovor. Wineror foility iraffic wisties to travel beiween the no sites, sequences through yellow to red. The yaros begin opening after the light is red. The traffic light is red for citer the guard or the velicle driver will uclivale lic truffic light/gate controller. The traffic light 4 - 6 seconds before the vehicle can pass through the gate. The red traffic light is affixed with a flashing dircotions at the light prior to and during iny ficility vehicle crossing. After the vehicle has cleared the strobe at is visible trom several hundred fect. Nor-soin Iratic along tie public rond stops in boll roza, either the guard or cite vehicle operator closes the gate and reunis the light to green for traffic to Faciliry vehieles will travel through this crossover betwen the sites 3 - 5 lines each day. Traffic along Facility traffe does not cross over the publie fold during fliese times. Facility vehicles have beel using te pub to is lot leavy (abour 6 cars permittic), except around 8 a.mn. and 5 p.in. on weekdays. this crossing systemn since 1973. To date, (here ive ucci no traffio ineidents. The types of vehicles thar cross over belien he sites include ranker tnicks (transporting 5 to 20,000 Ibs flammable liquids (PG I and III) or Class & corrosive malcrials (PG II and II. Would the transportation of material) and tricks transporting drums of materials. Sometimes these vehicles transport Class 3 HMR? of tliese nuterials berseen the no siles in the above-described situation be considered subject to the If you have any questions concoming this muspontalion situation, please call me at (318) 233-3461. Sincercly. Jim Merrifierd. Ph.D. GE Suicolles Senior Regulatory Specialist#

Page 3• STATE OFNEW YORK - DEPARTMENT OF TRANSPORTÄTIO FAX NO.: 9194611374 11-84-98 11:42A P .03 1570L SIGNAL OPERATION SPECIFICATIONS (CONTIN CASE L72Ó3050 DIVISION OF TRAFFIC i I AND SAFETY " LE: 765-39. Saratoga Co. SIP Saratogz •Decembor Il; 1972 is. ¡SIGNAL NO. COUNTY DATE • PAGE_ ' aF 2 → PAGES APPROX, NORTH MAIN SITE FENCE SCALE:/'= 50' APPROX. GUANO /FENCH DeVEINAY GE AGE DRINEWAY "'"' GATE GATE WASTE I TRAFFIC TREATInENT FENCK SiTi LIGHTS PEASE FACES • 1,2,3,4 546 288 Groon • Bad Flashing Rod Clearanco • Iollou Read Flashing Bad B Rad Groan Graon Clearance Rod Intlon Groan Rod Flashing Rod Bzargency Operation Flashing ToLlow Mashiag Rad Flashing Red#