{"operation":"document","citation":"04-0115","title":"Sunoco, Inc. Neville Island Plant — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-11-04","effective_on":null,"summary":"04-0115 response to Sunoco, Inc. Neville Island Plant concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0115.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0115.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0115","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040115.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nNOV 4 2004\nMr. Michael D. Alston\nRef. Nc.: 04-0115\nSunoco,\nInC.\nNeville Island Plant\n200 Neville Road\nPittsburg?,\nPA 15225\nDear Mr. Alston:\nThis is in response to your April 19, 2004 letter requesting\nclarification of the attendance requirements for unloading tank\ncars containing hazardous materials under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically\nyou ask if the procedure described in your letter meets the\nattendance requirements of § 174.67 and your DOT exemption\n(DOT-E 12443).\nThe answer is yes.\nThe arrangement described in your letter\nsatisfies the requirements of $ 174.67 and DOT-E 12443.\nSection 174.67 (i) of the HMR requires a tank car to be\ncontinuously attended throughout the entire period cf unloading\nand while the tank car is connected to an unloading device.\nThis requirement can be met by human attendance or ky use of\nsignaling systems, such\nas sensors, alarms, and electronic\nsurveillance equipment. Human monitoring must be performed by\nthe person responsible for the unloading operation.\nThe\nattendant may monitor unloading from on-site or from. a remote\nlocation within the plant. In either location, the attendant\nmust be knowledgeable about the product, have the ability to\nidentify conditions requiring action, and have the capability\nand authority to halt the flow of product immediately.\nUnder the provisions of DOT-E 12443, authorized tank cars\ncontaining hazardous materials may remain standing with\nunloading connections\nattached when no product is being\ntransferred, provided:\n174.67\n040115\n\n<<<PAGE 2>>>\n\n(1) The facility operator restricts access to the track.\n(2) An employee is designated to be responsible for on-site\nmonitoring in the absence of the unloader.\n3) When a sionalina svstem is used it must meet the\nrovisions under Paragraph 7(d) of the exemption\n(4) In the absence of the unloader, shutoff valves must be\nrequirements for setting brakes and displaying warning\nclosed, no product may be transferred, and the\nsigns under § 174.67 (a) (2) and (3) apply.\n(5) Written procedures for employees performing duties under\nthe exemption must be created and maintained in accordance\nwith Paragraph 8 of the exemption.\nThe term \"attendance\" is not specifically defined in the\nhazardous materials regulations. The purpose of the attendance\nrequirement is to ensure that hazardous materials are unloaded\nsafely. In the event of an emergency, the unloader's attendance\nis required so that the unloading process can be rapidly halted.\nAs indicated above, the continuous monitoring requirement may be\nsatisfied by human monitoring or through the use of electronic\nequipment (e.g., a closed circuit television device! which\nenables the monitoring personnel to stop the unloading process\nimmediately.\nI hope this information is helpful. If you have further\nquestions, please do not hesitate to contact this office.\nSincerely,\nHitle z. mitthell\nHattie L. Mitchell\nChief, Regulatory Review and\nReinvention\nOffice of Hazardous Materials\nStandards\n\n<<<PAGE 3>>>\n\nSunoco, Inc.\n<SUNICO\nVeville Island Plant\nPittsburgh, PA 15225\n200 Neville Roac\n412-778-3434\nChemicals\nmdalston@sunocoinc.com\nFax: 866-560-0337\nApril 19, 2004\nStevens\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n3174.67\nU.S. DOT/RSPA (DHM-10)\nDefinition\n400 7th Street S.W.\nWashington, D.C. 20590-0001\n04 - 0115\nDear Mr. Mazzullo\nhazardous materials from tank cars. This regulation focuses primarily on the mechanics of safe unloading. The\nWe are asking for your help in clarifying the attendance requirements, as stated in 49 CFR 174.67, for unloading\nho is properly instructed in unloading hazardous materials. It is also mentions \"attendance\" by the unloade\numan aspect of the regulation states that unloading must be performed by a reliable and responsible individu\nremain standing when no product is being transferred, provided that a minimal level of monitoring, is maintained.\nCurrently, Sunoco is party to DOT Exemption 12443 which authorizes tank cars, containing hazardous materials, to\nbeing transferred.\nThe following is a summary/overview of our procedure for Monitoring Railroad Tank Car Unloading when product is\n\"Monitoring is conducted on-site by plant designated personnel. As an explanatory note, the employee designated\nto monitor the transfer facility is required to meet all regulatory requirements of an unloader except that, after\ndetermining that a problem exists, he or she must have the capability of shutting down the unloading facility from a\ntank car nozzles (via the Snappy Joe Emergency Shut Off Valves), the isolation of the plant storage tanks from the\nremote location. This shut down requires: the isolation of all tank cars from the unloading facility with a valve at the\nshutting down all unloading compressors, and the capability of activating the facility's emergency response\nunloading facility (via the Emergency Shut Off Valves in the propylene liquid / vapor headers), the capability of\ncontrol room operator. The unloader must notify the control room operator that he is unloading a tank car and that\nprocedures outlined in the written safety procedures. The employee designated to monitor the transfer facility is the\nis equipped with a camera viewing each station at all times on a monitor designated exclusively for the railroad\nhe is turning over responsibility to the control room operator if he chooses to leave the unloading facility. The facility\non a four frame monitor (where each camera has an unobstructed aerial view of the nozzles and hose connections\noperation. The control room operator continuously monitors the unloading facility with: 1) four fixed zoom cameras\ncapability of seeirg the entire unloading facility), and 3) twelve hydrocarbon gas detectors strategically located\nat each tank car unloading station), 2) two variable zoom cameras on a separate monitor (each camera has the\nthroughout the unloading facility (each alarm will signal the control room operator in the event LPG is detected). If a\nattend the unloading station when transferring propylene. The control room operator will be required to keep an\nproblem were to occur where the monitoring equipment was not operating, then a qualified unloader must physically\nhourly inspection og of the unloading facility when hoses are connected to tank cars. Once the tank car is\nQuestions:\n• Will you please provide a clear definition of \"attendance\" as it is intended in 174.67(i)?\nDo our tark car unloading practices meet the provisions and requirements as defined by RSPA and state\nthe regula ory requirements for monitoring the unloading operation when product is being transferred?\n, the regulations when product is being unloaded? Will you please tell us if you agree that we are meetin\nSincerely,\nWhitor\nMichael D/Alston","truncated":false,"body_characters":6946}