Bechtel Petroleum Operations, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation US. Department Research and Special Programs diministration APR 1 8 1994 Mr. Steve Shire Bechtel Petroleum Operations, Inc. P.O. Box 127 Tupaan, CA 93276 • Dear Mr. Shire: In two March 23, 1994 letters, you ask about the applicability of the Hazardous Materials Transportation Act (HMTA), 49 App. bu aterials Requation U.S.C. S5 1801 st ngg., and the Hazardous Materials Regulations Petroleum Operations, Inc., operator of the Naval Petroleum (HMR), 49 C.F.R. Parts 171-180, to activities of Bechtel Reserves in California. This letter responds to your inquiries. requirements to Bechtel's liquefied petroleum gas operations. First, you ask about the application of HMR gas odorization I have referred this letter to the Research and Special Programs the office responsible for interpreting the technical require- Administration (RSPA) Office of Hazardous Materials Standards, ments of the HMR. I understand that you already have sent a should contact her (202-366-4488) with any future questions on nearly identical letter to Ms. Jackie Smith of that office; you that subject. Second, you ask whether Bechtel's subcontractors are subject. to various HMR requirements when crossing a State highway with hazardous materials used in well operations and maintenance. The jurisdiction of the HMTA encompasses hazardous materials transported "in commerce." 49 App. U.S.C. § 1804(a) (1). The definition of "in comnerce" has two elements relevant to your situation. First, with respect to transportation by notor vehicle, the definition encompasses interstate and foreign carriers, and intrastate carriers transporting hazardous portable tanks or cargo tanks, and marine pollutants. waste, hazardous substances, flammable cryogenic liquids in 49 C.F.R. or crosses a public way. § 171.1. Second, it enconpasses all transportation that follows describe is subject to the HMR when it involves an interstate Accordingly, the transportation you or foreign carrier, or an intrastate carrier transporting any of the hazardous materials indicated.#

Page 22 Some hazardous materials transportation to which you refer, such as transportation of non-bulk packages that qualify as excepted from certain HMR requirements. The extent to which limited quantity shipments or consumer commodities, may be this is so depends on the facts, and therefore I cannot provide more specific information. like guidance as to the requirements for transportation of a If in the future you would RSPA Office of Hazardous Materials Standards at 202-366-4488. particular hazardous materials package, you should contact the telephone (202-366-4400) if you have any further questions. I trust this response is useful to you. Please feel free to Sincerel Attorney Charles B. Holtman CC: Ms. Jacquelyn Smith#