Dow Chemical Canada, Inc. — Hazardous Materials Safety Interpretation

Page 1400 Seventh St., S.W. Washington, D.C. 20590 Research and pecial Program: idministration OCT 1 8 2000 Mr. Phil Stewart Dow Chemical Canada, Inc. 1425 Vidal Street South Ref. No. 00-0132 Sarnia, Ontario CANADA N7T 8C6 Dear Mr. Stewart: This is in response to your request concerning the attendance requirements for loading and unloading of a cargo tank motor vehicle under 177.834(i) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Scenario 1: A cargo tank arrives at our unloading rack. The motive power remains connected. The cargo tank is unloaded into a storage tank, tank farm or processing unit by our plant personnel. Q1. Is the cargo tank considered to be "in transportation"? If so, do all the unloading attendance requirements apply, including the requirement that personnel remain within 25 feet of the tank during the entire offloading operation? A1. Yes, if the carrier's obligation to transport the hazardous material is not yet fulfilled, the cargo tank is still "in transportation." All unloading requirements of the HMR apply. As provided by § 177.834(i)(2), a carrier's obligation to ensure attendance during unloading You provided other alternative scenarios, some where the motive power remained and some where the motive power was removed. If the carrier has no further obligation, as determined under § 177.834(i)(2), then the attendance requirements do not apply to anyone. If the carrier still has an obligation, the attendance requirements then apply to whoever unloads. 177.834 000132#

Page 2Scenario 2: A cargo tank motor vehicle operated by a motor carrier arrives at our loading rack. The motive power remains connected. The cargo tank is loaded from our storage tanks by our plant personnel. Q2. Is the tank considered to be "in transportation"? A2. Yes. As provided by § 177.834(i)(1), a cargo tank must be attended by a qualified person at all times when it is being loaded. The person who is responsible for loading the cargo tank is also responsible for ensuring that it is attended. A person is "qualified" if he has been made aware of the nature of the hazardous material which is to be loaded or unloaded, he has been instructed on the procedures to be followed in emergencies, he is authorized to move the cargo tank, and he has the means to do so. (See § 177,834(i)(4)). Q3. Is the tank considered to be "in transportation" if the motive power is removed? A3. No. A cargo tank removed from its motive power on private property is not considered to be in transportation. Therefore, if a motor carrier delivers a cargo tank to a shipper, disconnects the motive power and leaves the premises, the person loading the cargo tank is not responsible for ensuring attendance as provided by § 177.834(i) 1). You also stated that your plant sites have no public access and that the loading and unloading racks have fully automated electronic monitoring capabilities that can be controlled from control rooms and that can be manually operated if the automated process malfunctions. The HMR currently do not provide for the use of an automated monitoring system, in lieu of direct human intervention, for the loading and unloading of cargo tanks in transportation. However, you may wish to seek authorization to use an automated monitoring system by submitting an application for exemption in accordance with the procedures in § 107.105. I have enclosed for your information copies of three Federal Register publications on the attendance requirements. I hope this information is helpful. Sincerely, Hatte z. Mithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosures#

Page 3APR-28-00 FRI 04:25 PM DOW CUSTOMS SARNIA FAX NO. 519 339 3871 P. 01 Dow Chemical Canada Inc. 1425 Vidal Street South Sarnia, Ont. Betts N7T 8C6 Phone: (519) 339-5047 Phil Stowart 177.834 00-0132 Fax: (519) 339-3871 c-mail: pjstewart@dow.com • .. Dow Chemical Facsimile Transmittal ... To: U.S. Depariment of Fax: (202) 366-3012 Transportation From: Phil Stewart Date: 28/04/2000 Re: Loading/Unloading Pages: 2 Requirements CC: Urgent For Review Please Comment X Please Reply Please Recycle Notes: To Whom It May Concern: Altached is a document I sent via your web page carlier today. I received a phone this afternoon staling that I was required to fax this request to your department if I a written response to my questions is required. In light of this, would you please review and send me a written response of interpretation or ruling to the questions listed and sent a reply back to the above mentioned address. Thanks, Phil Stewart Phil Stewart: "*. ...:.. ..:#

Page 4APR-28-00 FRI 04:25 PM DOW CUSTOMS SARNIA FAX NO. 519 339 3871 P. 02 Confirmation of Information Sent Page 1 of 2 • Your Response Has Successfully Been Sent The following was submitted to hinis @rspa.dot.gov on Friday, April 28, 2000 al 11:37:37 message_type: Other comments: Would you please provide your interpretation or ruling with regards attendance requirements as stipulated in 177.834 (i)(I) & (2), 10 the following Loading/Unloading situations I Situalion #1 Cargo tank arrives at unloading rack. Motive of power remains hooked up. The tank will he offloaded into a storage tank or tank farm by our plant personncl. Is this tank considered to be "In Transport"? If so, do all the unloading attendance requirements apply as stipulated including our personnel lo be within 25' of the tank during the catire offloading operation? Situation #2 Cargo tank- arrives at unloading rack. Molive of power is removed and carrier Icaves. 'The tank will be offloaded into a storago tank or tank farm by our plant personnel. Is this tank considered to bo "In Transport"? If so, do all the unloading attendance requiremonts apply as stipulated including our personnel to bo. within 25' of the tank during the cntire offloading operation? Situation #3 Cargo tank arrivos at unloading rack. Motive of power remains hooked up. The tank will be offloaded directly into our processing unit by our plant personnel. Is this tank considered to be "In Transport"? If so, do all the unloading attendance requirements apply as stipulated including our personnel 10 be within 25' of the tank during the entire offloading operation? Situation #4 Cargo tank arrives at unloading rack. Motive of power is removed and carricr leaves. The tank will be offloaded dirctly into our processing unit by our plant personnol. Is this tank considered to bo "In Transport"? If so, do all the unloading. altendanco requirements apply as stipulated including our personnel to be within 25' of the tank. during the entire offloading opcration? Situation #5 Gargo tank arrives at loading rack. The motive of power remains hooked up. The tank will be loaded from our storage tanks by our plant porsonnel. Is ¡his Lank considered to bo "In Transport"? If so, do all the loading attendance requirements apply as stipulaled. Is our personnel who will be loading this tank required to be within 25' of the tank during the entire loading period or what docs attended by a qualified porson at all times when the tank is being loaded mean? Situation #6 Cargo tank arrives at loading rack. The motive of power is removed various lypes of loading/unloading situations that do occur and to obtain a complete an answer as possible. Thanks in advance, Phil Stewart organization: Dow Chemical Canada Inc. phone: (519) 339-5047 http://hazmat.dot.gov/cgi-bin/formmail.pl 04/28/2000#