Spill and Waste Departmen — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Special Programs Research and JAN 2 5 1999 Administration Mr. Bob Held, CHMM Supervisor Ref. No. 99-0008 Spill and Waste Department 3E Company 4920 Carroll Canyon Road San Diego, California 92121 Dear Mr. Held: This responds to your letter of January 4, 1999, concerning incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about the definition of "loading" as it applies to highway transportation of hazardous materials. "Transportation" as defined in $ 5102 of the federal hazardous materials transportation law (49 U.S.C. 5101-5127) is any movement of property by any mode, and any loading, unloading, or storage incident to the movement. "Loading" is not specifically defined in the law nor is it specifically defined in the HMR. For highway transportation of hazardous materials, "transportation" begins when a motor carrier accepts and assumes responsibility for a shipment. The scenario presented in your letter involves a driver moving a manifested and labeled drum from a storage area to his vehicle. The driver's actions are an indication that the motor carrier has accepted the drum for shipment. Transportation of the shipment has therefore begun. The movement from storage area to vehicle is considered to be Loading incidental to transportation, and reporting of the spill under S$ 171.15 or 171.16 of the HMR is required I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, The Is all. Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 2Gorsky 3E COMPANY A Safety-Kleen Company 3171.16 VIA US Mail January 4, 1999 . 99-0008 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards USDOT/RSPA 400 7" Street Washington DC, 20590-0001 Dear Mr. Mazzullo, I am looking for the definition of "loading"' as it applies to the loading of hazardous - to in 49 CFR 171.15 (a) and 171.16 (a). materials and or waste via highway transportation. Specifically, as this term is referred 4920 Does loading begin when the drums are offered for transportation by the generator? Or Road Carroll Canyon vehicle? does it begin when the driver of the vehicle is physically loading the drums onto a San Diego California If a driver is moving a manifested and labeled drum along a side walk from a storage www.3eco.com area to his vehicle and the drum falls off his hand truck and there is a spill of hazardous Fax: 619-677-0150 materials or waste, does this need to be reported under the sections referenced above? 619-677-0270 1 look forward to your response. If you have any questions, please feel free to contact me at (619) 677-0150. Sincerely, 3E COMPANY RAeS - - bob Held, CHMI Supervisor Spill & Waste Department HAZARDOUS THE LEADER IN WATERAN ACTREMATION MATERIAL INFORMATION MANAGEMENT#