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Interpretation Response #06-0011 ([Mr. Lawrence J. Maron])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Lawrence J. Maron

Location State: DC Country: US

View the Interpretation Document

Response text:

Feb 14, 2006

Mr. Lawrence J. Maron                      Reference No.: 06-0011

509 Willow Run Knoll

Lakeland, FL 33813

Dear Mr. Maron:

This is in response to your January 8, 2006 letter requesting clarification of the hazardous materials training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180). Specifically, you ask whether the training requirements apply to employees at your company.

In your letter, you state that your company, KCI, operates a chemical manufacturing facility in Florida and has obtained a radioactive materials license from the Florida Department of Health, Bureau of Radiation Control (FDHBRC). The waste stream from this facility, hydrochloric acid, is disposed by deep well injection into limestone formations at a depth of more than 4,000 feet below ground surface, as permitted by the State of Florida. As part of the injection process, 2,000 gallons of oil are mixed with a radioactive tracer (5 millicuries of Scandium 46) and injected into the well on a quarterly basis. The oil protects the steel well casing from corrosion and provides a means of verifying that the well casing fluid is not leaking. The integrity of the well is verified by lowering a gamma sensing tool into the well to identify the location of the oil via the radioactivity of the Scandium tracer. You state that the tracer is purchased from a company in New Mexico and received by KCI via overnight delivery at the injection site, where it is mixed with the oil and injected into the well on the day of delivery. Employees of KCI hand-carry the tracer from the receiving office to the injection well. You ask whether employees who conduct these specific duties are subject to the hazardous materials training requirements of the HMR.

The answer is no. Hazmat employees are subject to the hazardous materials training requirements found in § 172.704. A hazmat employee, as defined § 171.8, is a person who is employed by a hazardous materials employer and who, in the course of employment, directly affects hazardous materials transportation safety. For the purposes of the HMR, "transportation in commerce" begins when a carrier takes possession of a hazardous material for the purpose of transporting it and continues until the package containing the hazardous material arrives at its destination.

Under your scenario, KCI employees do not directly affect hazardous materials transportation because transportation has ended when the hazardous material arrives at the chemical manufacturing facility. Therefore, these employees are not subject to the training requirements of the HMR.

I trust this satisfies your inquiry.



John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

172.700, 172.22

Regulation Sections

Section Subject
172.700 Purpose and scope