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Interpretation Response #99-0250 ([Great Western Chemical Company] [Ms. Kimberly Henson])

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

Interpretation Response Details

Response Publish Date:

Company Name: Great Western Chemical Company

Individual Name: Ms. Kimberly Henson

Location State: OR Country: US

View the Interpretation Document

Response text:

January 21, 2000

 

Ms. Kimberly Henson                                   Ref. No. 99-0250
Corporate Compliance Manager
Great Western Chemical Company
808 Southwest Fifteenth Avenue
Portland, Oregon 97205

Dear Ms. Henson:

This is in response to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171­180) to customers who pick up hazardous materials at your facility using their own light-weight trucks.

You ask if these “will call” customers are subject to the HMR under the following scenarios:

SCENARIO 1: A customer picks up 1,050 pounds of 30% hydrogen peroxide and transports the material on public roads by private truck.  He takes the material back to his house, where he dilutes it and uses it to oxygenate the irrigation water in his flower gardens.

SCENARIO 2: The next day, the same customer picks up 1,050 pounds of 30% hydrogen peroxide and transports the material on public roads using the same truck. However, this time he takes the material to his plant where he manufactures a specialty oxygenator for sale to area nurseries.

As specified in § 171.1, the HMR govern the transportation of hazardous materials in intrastate, interstate and foreign commerce.  The term “in commerce” means in furtherance of a commercial enterprise.  Accordingly, hazardous materials that are sold to customers for personal, non-commercial use and transported by such persons in their personal vehicles are not subject to the HMR.  Therefore, under the first scenario, the customer is not subject to the HMR.  Under the second scenario, the customer is subject to the HMR and, depending on circumstances, may require shipping papers, emergency response information and placarding of the transport vehicle.

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

 

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

171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions