Interpretation Response #04-0239 ([Menlo Worldwide Forwarding] [Mr. Robert G. Johnson])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10/28/2004

Company Name: Menlo Worldwide Forwarding

Individual Name: Mr. Robert G. Johnson

Location State: WA Country: US

View the Interpretation Document

Response text:

Oct 28, 2004

Mr. Robert G. Johnson                 Reference No. 04-0239
Menlo Worldwide Forwarding
Environmental Affairs
2625 SW 161 Street
Seattle, Washington 98158

Dear Mr. Johnson:

This responds to your letter requesting further clarification of the incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask if an incident report form DOT F 5800.1 must be filed when an unintentional release of fuel from a motor vehicle’s fuel tank occurs and enters a storm drain.

The answer is no. The HMR govern the transportation of hazardous materials in commerce. Fuel in a motor vehicle’s fuel tank is not “transported in commerce;” therefore, the reporting requirements in § § 171.15 and 171.16 do not apply. It is possible that a release of this nature is subject to reporting requirements of the U.S. Environmental Protection Agency (EPA). We suggest you contact the EPA at 1-800-424-9346.

I trust this satisfies your inquiry.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

171.16

Regulation Sections