Research Products, Inc.of Alabama — Hazardous Materials Safety Interpretation

Page 1400 Seventh St., S.W. Washington, D.C. 20590 Research and special Program: dministratior JAN - 9 2001 Mr. Doug Martin Reference No. 00-0210 Vice President Research Products, Inc., of Alabama P.O. Box 705 Theodore, AL 36590 Dear Mr. Martin: This is in response to your letter inquiring whether the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) permit the contents of an intermediate bulk container (IBC) to be discharged into a permanent storage tank while the IBC remains on a motor vehicle. You state that the IBC contained a Class 8 (corrosive) liquid. The answer is no, the HMR do not permit IBCs to be unloaded prior to removal from a motor vehicle. Section 177.834(h) authorizes this practice for cargo tanks and IM portable tanks only, if certain conditions are met. We issued several exemptions that authorize IBCs to be unloaded without removing them from the vehicle. The procedures for submitting an application for exemption are contained in 49 CFR 107.105. Our Office of Hazardous Materials Exemptions and Approvals (OHMEA) plans to consolidate the current exemptions that provide relief for IBCs from the unloading requirements in § 177.834(h) into one standardized exemption. On June 12, 2000, OHMEA published a notice in the Federal Register that solicited comments on the safety measures that should apply during the unloading operations (Docket No. RSPA-2000- 6827; 65 FR 36882). A copy of the notice is enclosed for your information. Comments received in response to this notice are available for review by the accessing DMS website at "http://dms.dot.gov." I hope this satisfies your request. Sincerely, Hothe Z. Michell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosure 177.834 000210#

Page 2R RESEARCH PRODUCTS, ING.: OF ALABAMA POST OFFICE BOX 705 • THEODORE, ALABAMA 36590 : (334) 653-0030 Edmonson JULY 13, 2000 $177.834 U.S. DEPARTMENT OF TRANSPORTATION ADMINISTRATOR FOR HAZARDOUS MATERIALS SAFETY 00 - 0210 WASHINGTON, DC 20590-0001 DEAR SIRS, WE ARE SEEKING CLARIFICATION OF CFR 49 177.834 H. CONTAINERS ( IBC ) TO DESTINATION AND THEN PUMP THE CONTENTS DIRECTLY IS IT PERMISSIBLE TO TRANSPORT CORROSIVE LIQUIDS IN INTERMEDIATE BULK FROM THE IBC INTO A PERMANENT STORAGE TANK WITHOUT REMOVING THE IBC FROM THE MOTOR VEHICLE? SINCERELY, Stens Mute DOUG MARTIN VICE PRESIDENT Chemicals • Solvents Water Treatment • Detergents#

Page 3Research and Special Programs Administration, DOT § 177.834 (gases). Class 8 (corrosive), Division 6.1 (h) Precautions concerning containers (poisonous), or Class 7 (radioactive) in transit; fueling road units. Reasonable movement within the vehicle on which material must be secured against care should be taken to prevent undue it is being transported, under condi- rise in temperature of containers and tions normally incident to transpor- their contents during transit. There must be no tampering with such con- tation. (b) No hazardous materials on pole tainer or the contents thereof nor any trailers. No hazardous materials may be tainer between point of origin and discharge of the contents of any con- loaded into or on or transported in or point of billed destination. Discharge on any pole trailer. (c) No smoking while loading or unload- than a cargo tank, must not be made of contents of any container, other ing. Smoking on or about any motor vehicle while loading or unloading any prior to removal from the motor veni- cle. Nothing contained in this para- Class 1 (explosive), Class 3 (flammable liquid), Class 4 (flammable solid), Class graph shall be so construed as to pro- hibit the fueling of machinery or vehi- 5 (oxddizing), or Division 2.1 (flammable cles used in road construction or main- gas) materials is forbidden. (d) Keep fire away, loading and unload- (1) Attendance requirements. (1) Load- loading or unloading of any Class 1 (ex- ing. Extreme care shall be taken in the a qualified person at all times when it ing. A cargo tank must be attended by plosive), Class 3 (flammable liquid), Class 4 (flammable solid), Class 5 (oxi- is being loaded. The person who is re- sponsible for loading the cargo tank is materials into or from any motor vehi- dizing), or Division 2.1 (flammable gas) also responsible for ensuring that it 18 cle to keep fire away and to prevent (2) Unloading. A motor carrier who persons in the vicinity from smoking, hazardous materials by a lighting cargo tank must ensure that the cargo flame or lighted cigar, pipe, or ciga- tank is attended by a qualified person rette. (e) Handbrake set while loading and at all times during unloading. How- ever, the carrier's obligation to ensure unloading. No hazardous material shall attendance during unloading ceases any motor vehicle be loaded into or on, or unloaded from, brake be securely set and all other rea- unless the hand- (1) The carrier's obligation for trans- sonable precautions be taken to pre- porting the materials is fuifilled; ing such loading or unloading process. vent motion of the motor vehicle dur- upon the consignee's premises; and (11) The cargo tank has been placed No tools wich are likely to damage (f) Use of tools, loading and unloading. moved from the cargo tank and re- (i11) The motive power has been re- the effectiveness of the closure of any moved from the premises. (3) A person "attends" the loading or package or other container, or likely unloading of a cargo tank if, through- adversely to affect such out the process, he is awake, has an un- container, shall be used for the loading material or other dangerous article. or unloading of any Class 1 (explosive) is within 7.62 meters (25 feet) of the obstructed view of the cargo tank, and tainers. (g) Prevent relative motion between con- cargo tank. sive), Class 3 (flammable líquid), Containers of Class 1 (explo been made aware of the nature of the (4) A person is "qualified" if he has hazardous material which is to be load- 4 (flammable solid), Class 5 (oxidizing), Division Clasg 8 (corrosive), Class 2 (gases) and ed or unloaded, he has been instructed (poisonous) emergencies, he is authorized to move on the procedures to be followed in the cargo tank, and he has the means thereof relative to the vehicle while in 755#