{"operation":"document","citation":"99-0261","title":"Greenebaum Doll & McDonald, PLLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-12-28","effective_on":null,"summary":"99-0261 response to Greenebaum Doll & McDonald, PLLC concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0261.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0261.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0261","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990261.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street. S.W.\nWashington: D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nDEC 2 8 1099\nCarolyn M. Brown, Esq.\nRef. No: 99-0261\nGreenebaum Doll & McDonald, PLLC\n1400 Vine Center Tower\n333 West Vine Street\nLexington, Kentucky 40507-1665\nDear Ms. Brown:\nThis is in response to your letter of September 27, 1999 requesting clarification on the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically you ask whether\nthe HMR are applicable to a company that transports hazardous materials throughout its multi-acre site\nif the roads are owned by the company and there are \"No Trespassing\" signs located at each entrance.\nThe answer is no. As specified in § 171.1, the HMR govern the safe transportation of hazardous\nmaterials in intrastate, interstate and foreign commerce. \"In commerce\" excludes from regulation the\ntransportation of hazardous materials on private property. The use of signs, gates, or guard stations at\neach entrance of a facility to deny public access make the property private, and therefore, not subject\nto the HMR. This is true whether deliveries are made by company employees or contractors; the\nHMR do not apply to transportation on private property.\nI hope this information is helpful.\nSincerely,\ncesa\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n990261\n\n<<<PAGE 2>>>\n\n' •\nGREENEBAUM DOLL & MCDONALD PLiC\nLalalle\n1400 VINE CENTER TOWER\nLEXINGTON, KENTUCKY 40507-1665.\n333 WEST VINE STREET\n8111\n606/231-8500\n99-0261\nCAROLYN M. BROWN\nFAX 606/255-2742\n606/288-4614\nE-MAIL cmb@gdm.com\nSeptember 27, 1999\nVIA FEDERAL EXPRESS\nEdward T. Mazzullo\nOffice of Hazardous Materials Standards\nDirector\nU.S. DOT/RSPA (DHM-10)\n400 7th Street S. W.\nWashington, D.C. 20590-0000\nRE:\nRequest for Guidance on Applicability of Hazardous Materials Regulations to\nMovement of Hazardous Materials over Intra-Plant Roadways\nDear Mr. Mazzullo:\nMy firm represents a manufacturer that receives hazardous materials for use in its\nmanufacturing operations at its multi-acre plant site. Some of the operations also generate hazardous\nwaste that is moved to a central storage area on the site before being shipped off-site for treatment\nor disposal. The purpose of this letter is to request guidance on applicability of the Department of\nTransportation Hazardous Materials Regulations (\"HMR\") (49 CFR Parts 171-180) to the movement\nof hazardous materials within the plant site on roads that are privately owned with certain access\ncontrols. The facts are set out in detail below.\nFACTS\nThe manufacturing site covers several acres and has multiple buildings. Hazardous materials\n(e.g., solvents, cylinders of compressed gases, laboratory chemicals, water treatment chemicals) that\nare used in manufacturing operations are often received at one central building on the property and\nthen delivered by motor vehicle to any number of different buildings where they will be used. (A\nsimplified flow diagram is attached.) Deliveries typically occur during the first shift (i.e., after 7\na.m.). The materials may be transported within the site by the manufacturer's employees or by a\ncompany it contracts with to provide intra-plant delivery services. The contractor will use its own\ntrucks or subcontract with individual haulers with their own trucks.\n-\nLOUISVILLE, KENTUCKY COVINGTON, KENTUCKY CINCINNATI, OHIO NASHVILLE, TENNESSEE FRANKFORT, KENTUCKY\n\n<<<PAGE 3>>>\n\nGREENEBAUM DOLL & MCDONALD PLLC\nEdward T. Mazzullo\nSeptember 27, 1999\nPage 2\nThe roads are owned and maintained by the manufacturer. Gates are present at all the\nentrances and are closed each evening from approximately 7 p.m. to 5 a.m. the next day, with the\nexception of one entry and exit point that remains open 24 hours a day. Although guardhouses are\nnot present and card keys are not required to enter at the access points, guards patrol the site on a 24-\nhour basis. Badges are required to enter buildings on the site. Although a guard is not present, video\ncameras are located at each access point and are monitored by security personnel at a central\nlocation. \"No Trespassing\" signs are located at each entrance.\nOn occasion, deliveries of hazardous materials are also made from the central location to two\nother buildings owned by the company that are located on company property directly across a public\nroad from the main site. These buildings are accessed by driving across a public road maintained\nby either the state or the city. In one of those cases, the truck actually travels above the state road\non a company-owned and maintained bridge.\nHazardous wastes are generated from some of the operations on the main site. These wastes\nare collected and transported to a centrall location where they are stored pending shipment off-site\nto third parties for treatment or disposal. The company has one generator identification number for\nits entire site and does not execute hazardous waste manifests for shipments between its buildings.\nQUESTIONS\n1.\nAre the deliveries of hazardous materials, as discussed in the Facts section above, over the\ncompany owned and maintained roads inside the company property subject to the HIMR?\nThe HMR apply generally to transport of hazardous materials \"in commerce\" and the\nguidance materials found appear to draw a distinction between public and private roadways.\nHowever, the terms are not defined in the regulations. The company described above has\nalways considered its site private property.\n2.\nDoes it make any difference if the delivery is made by company employees or contractors?\nMany employers today use a combined work force consisting of employees and contractors.\nIf the HMR apply, who should prepare and sign the shipping papers for the intra-plant\nshipments? If the contractor delivers the hazardous materials around the site must the\ncontractor register with DOT like any other carrier? Do all the HMR requirements apply\n(e.g., training, shipping papers, placarding) or are there any exemptions for intra-plant\ntransfers?\nLOUISVILLE, KENTUCKY\nCOVINGTON, KENTUCKY CINCINNATI, OHIO NASHVILLE, TENNESSEE FRANKFORT, KENTUCKY\n\n<<<PAGE 4>>>\n\nGREENEBAUM DOLL & MCDONALD PLLC\nEdward T. Mazzullo\nSeptember 27, 1999\nPage 3\n4.\nIf the answer to Question 1 above was that the HMR apply generally to shipments of\nmaterials within the site, will the HMR apply to transportation of hazardous waste from\nvarious buildings to the central storage area before it is shipped off-site for treatment or\ndisposal? (If the HMR do apply to transport of the hazardous wastes, the company needs\nguidance on the proper shipping name to utilize.)\nSince 49 CFR 171.8 defines \"hazardous waste\" for purposes of the HMR as any material\nsubject to the U.S. Environmental Protection Agency (\"EPA\"') manifest requirements in 40\nCFR Part 262, the EPA requirements were reviewed. The provisions of 40 CFR 262.20(f)\nstate that the hazardous waste manifest requirements do not apply to transport of hazardous\nwastes along a public or private right-of-way within contiguous property under common\nownership or control. Therefore, the company does not believe that the waste materials\nwould be subject to the HMR on the basis that they are hazardous waste.\nYour assistance by providing answers to these questions and any relevant guidance\ndocuments is greatly appreciated.\nSincerely yours,\nCarolyn M. Brown\nCMB/pje\nEnclosure\nLOUISVILLE, KENTUCKY\nCOVINGTON, KENTUCKY\nCINCINNATI, OHIO NASHVILLE, TENNESSEE\nFRANKFORT, KENTUCKY","truncated":false,"body_characters":7540}