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Interpretation Response #03-0242 ([Morris County Municipal Utilities Authority] [Ms. Laura MacPherson])

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

Interpretation Response Details

Response Publish Date:

Company Name: Morris County Municipal Utilities Authority

Individual Name: Ms. Laura MacPherson

Location State: NJ Country: US

View the Interpretation Document

Response text:

Dec 3, 2003

 

Ms. Laura MacPherson               Reference No. 03-0242

Hazardous Waste Coordinator

Morris County Municipal Utilities Authority

P.O.Box370

Mendham, NJ 07945-0370

Dear Ms. MacPherson:

This responds to your letter concerning the applicability of the new hazardous materials transportation security requirements adopted in a final rule issued under RSP A Docket (HM¬232). Your letter states that the Morris County Municipal Utilities Authority (MCMUA) accepts and stores for up to 90 days 'household hazardous waste and Conditionally Excepted Small Quantities Generator (CESQG) waste. In subsequent conversations with my staff, you stated that the wastes meet the definition of a flammable liquid in § 173.120 of the Hazardous Materials Regulations (Hlv1R; 49 CFR Parts 171-180), and are transported in quantities that require placarding of the transport vehicle. A contractor sorts and packages the waste, labels the containers, prepares the manifest, and ultimately, transports the waste to its own disposal facility; however, an employee ofMCMUA signs the manifest.

Your questions are paraphrased and answered as follows:

Q 1. Is MCMUA subject to the registration requirements under 49 CFR 107.606?

A 1. The answer is no. Section 107.606 excepts an agency of a political subdivision of a State from the registration and fee requirements.

Q2. Must MCMUA develop and implement a security plan as an offeror of hazardous materials?

A2. The answer is yes. Each person, including a government agency or Indian tribe, who offers for transportation in commerce or transports in commerce one or more of the materials listed in § 172.800(b)(1) through (7) must develop and adhere to a security-plan for hazardous materials that conforms to the requirements in Subpart I of Part 172. When the offeror functions are performed by two or more entities, as in your case, the offerors may prepare ajoint plan. Also in some cases, an offeror and a carrier may have a joint plan. The HMRprovide the flexibility necessary to enable offerors and carriers to determine the best methods for addressing en route security issues.

Q3. Must MCMUA provide security training to its hazmat employees?

A3. The answer is yes. Each hazmat employee as defined in § 171.8 must, at a-minimum, receive training that provides an awareness of security risks associated with hazardous materials transportation and methods designed to enhance transportation security. Additionally, each hazmat employee of a person required to have a security plan must be trained concerning the security plan and its implementation.

I trust this satisfies your inquiry.

Sincerely,

 

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.8

Regulation Sections

Section Subject
172.800 Purpose and applicability