{"operation":"document","citation":"02-0199","title":"Shell Chemical LR — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-10-22","effective_on":null,"summary":"02-0199 response to Shell Chemical LR concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0199.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0199.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0199","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020199.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nUS.Department\n400 Seventh Street, S.W.\nWashington. D.C.\n20590\nSpecial Programs\nResearch and\ncaps: e.\nAdministration\nMr. David J. Mashinski\nHSE Advisor\nOCT 2.2:2002\nRef. No. 02-0199\nShell Chemical LP.\nA33\n910 Louisiana Street\n4101\nHouston, Texas 77002-2463\nDear Mr. Mashinski:\nTC2T\nThis is in response to your July 17, 2002 letter concerning attendance requirements for rail car :\nunloading under the Hazardous Materials Regulatións (HMR; 49 FR parts 171-180):\nSpecifically, you ask if the attendance requirements apply to a tank car undergoing a steaming\nprocess that is not attached to an unloading process. You further state that the vapors are being\nvented through a valve on the car\nrequirements as they apply to a steaming process during which vapors are vented through a valve\nOn February 18, 2000, we provided you with a clarification of the rail car attendance\nthat is connected via closed pipe to a permitted air pollution control device (Ref. No. 99-0301)..\nIn addition, on November 15, 2001, we issued a letter of clarification to Koch Materials Company\nwith the manway slightly open to relieve any potential pressure. Both letters stated that\n(Ref. No. 01-0269) concerning attendance requirements for a steaming process that is conducted\ninterconnected with or part of the unloading process or if the steaming process is conducted with\nattendance is not required when a tank car is connected to a steaming device that is not\nall valves and manways closed. This statement apparently has resulted in some confusion as to\nthe applicability of the attendance requirements to certain steaming operations.\nWe are withdrawing letter Ref. No. 01-0269, which we issued on November 15, 2001. In that.\nletter, we erroneously affirmed an interpretation that would allow a tank car, undergoing a\nsteaming process before unloading, to have an open manway without being attended. We\napologize for the error and subsequent confusion this may have caused\nThe attendance requirements set forth in $ 174.67(i) apply to a steaming operation that is\nconnected to or part of the unloading process. Further, the attendance requirements apply when\nmanways or valves are open to relieve pressure, either to the atmosphere or a pollution control\ndevice, during heating of a material in preparation for unloading, even if the steaming process is\nnot connected to or part of the unloading process itself. Thus, the steaming process you describe\nis subject to the attendance requirements in § 174.67(i).\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\n174.67\n020199\n\n<<<PAGE 2>>>\n\nPage 2\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nSincerely,\n4234:\nEdward Mazzullo\nDirector, Office of Hazardous Materials Standards\n: V:\n\n<<<PAGE 3>>>\n\nJohnsen\nShell Chemicals\n3174.67\nRail\n02-0199\nJuly 17, 2002\nOffice of Hazardous Materials Standards - DHM -11\n400 7' Street, S.W.\nU.S. Department Of Transportation\nWashington, D.C. 20590-0001\nDear Mr. Billings,\nShell Chemical LP seeks clarification of the attendance requirements for unloading tank\ncars under the Hazardous Materials Regulations (ref. 49CFR 174.67).\nI spoke with Mike Johnson of your staff on July 11, 2002, regarding the attendance\nrequirements of a tank car being heated with the use of steam. During the steaming\nprocess, the vapors are being vented through a valve in the car, which is connected via a\nclosed pipe to a permitted air pollution control device (flare). The process of steaming\nthe tank car is prior to and not interconnected with or part of the unloading process.\nWe would appreciate your confirmation that the HMR does not require attendance in the\nabove situation.\nOur thanks in advance for your prompt consideration of this request.\nI may be contacted at (713) 241-6436.\nShell Chemical LP\n910 Louisiana Street\nHouston, Texas 77002-2463\nSincerely,\nDavid Mashinski\nDavid Mashinski\nHSE Advisor\nAttendanceTC71702","truncated":false,"body_characters":4031}