GATX Rail — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administrcition GATX Rail Mr. Doug Mullins Reference No. 05-0109 500 West Monroe Chicago, IL 60661 Dear Mr. Mullins: This is in response to your letter and telephone conversation with a member of my staff asking how to apply the requirements prescribed in § 173.31(f)(1) and (f)(2) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). This section requires a tank car loaded with two or more hazardous substances listed under § 173.31(f)(2) to conform to a limited design specification with greater protection in accidents. You asked about the applicability of this section to shipments of hazardous substances mixed with other materials, including other hazardous substances. We apologize for the delay in responding and any inconvenience this may have caused. When one material listed in § 173.31(f)(2) is transported in a tank car, whether alone or in combination with other materials, and that one material meets the definition in § 171.8 for a hazardous substance, the tank car must be pressure tested to at least 13.8 Bar (200 psig) and be equipped with head protection and a metal jacket (see § 173.31(f)(1)). If a tank car contains more than one material listed in § 173.31(f)(2) but none of the materials is present in an amount that meets the definition of a hazardous substance, the tank car is not required to conform to the requirements in § 173.31(f)(1). A material is a hazardous substance when transported in a single package in an amount that equals or exceeds the reportable quantity for that material listed in Table 1 of § 172.101, Appendix A. In addition to this requirement, if the material is in a mixture, it must be present in the tank car in an amount that equals or exceeds the corresponding concentration by weight for that material's reportable quantity. Each material listed in Table 1 of § 172.101, Appendix A, must be considered individually to determine whether or not it meets the definition of a hazardous substance under the HMR. Please note that when transporting the hazardous substances listed in § 173.31(f)(2), the tank car need not conform to the requirements in § 173.31(f)(1) if the following conditions are met: 173:31 (f)() 050109 173:31 (f) (2)#

Page 2The tank test pressure is 23.4 Bar (340 psig) or higher, or the tank shell and heads are constructed of AAR steel specification TC-128, normalized; A higher test pressure is required for the tank car in another section of the HMR; and, Excluding tank cars conforming to the scheduling and progress reporting requirements prescribed in § 173.31(b)(6), the tank car conforms to the requirements for transporting a hazardous substance in eftect on June 30, 1996, and is no longer used atter July 1, 2006. Tank cars that comply with the § 173.31(b)(6) scheduling and progress reporting requirements may continue to be used to transport hazardous substances after July 1, 2006. See § 173.31(f)(1)(i), (Đ(1)(ii), and (f)(1)(iii). I hope this information is helpful. Sincerely, Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Page 2 ot 3 02/23/2005 02:08 PM CSbragia/CHI/GATXCORP@GATXCORP, ed.mazzulo@dot.gov John Swezey/CHI/GATXCORP@GATXCORP, John Subject Request for Interpretation - 49CFR 173.31(D(1) Edmonson $173.31€XL Director, Nir Edward Mazzulo, Hazardous Subtances Office of Hazardous: Materials Standards PHMSA 05-0109 Dear Mr. Mazzulo, Please provide an interpretation of a portion of 49CFR 173.31 (f)(1) as detailed below. We at GATX Rail are preparing a letter to be sent to our customers explaining these requirements. 49C:FR 173.31(f)(2), would the higher standard tank car requirement in 49CFR 173.31(f)(1) apply. It seems as if In particular, we need to know at what concentration or mass of one or more hazardous substances listed in the threshold limit for transport in a tank car is either (a) the reportable quantity shown in Appendix A to 172.101 both requirements must be met to achieve a threshold. The question applies for a single hazardous substance or (b) the concentration by weight as shown in the definition of hazardous substance in 49CFR 171.8. Possibly listed in 49CFR 173.31(f)(2) when mixed with substances other than those listed there. The question also app ies to multiple hazardous substances listed in 49CFR 173.31(f)(2) with individual masses or concentrations difterent RQs in the same car. below the threshold but with combined masses or concentrations above a threshold. Consider mixtures with References: 49 CFR 173.31 49CFR 173.31(f)(1) (1) Special requirements for hazardous substances. (1) A tank car used for a hazardous substance listed in paragraph (f(2) of this section must have a tank test pressure of at least 138 Bar (200 psig), (1) No metal jacket is required if- head protection and a metal jacket, except that- (B) The tank shell and heads are manufactured from AAR (A) The tank test pressure is 23.4 Bar (340 psiq) or higher; or steel specification TC-128, normalized; (i) 4 higher test pressure is required if otherwise specified in this sub chapter; and tank car which does not conform to the requirements of this (i) *ther than as provided in paragraph (b)(6) of this section, a parz graph (f)(1), and was authorized for a hazardous substance under the regulations in effect on June 30, 1996, may cominue in use until July 1,2006. 49CFR 17:8 Definitions and Abbreviations Hazac ous substance for the purposes of this subchapter, means a material, incluling its mixtures and solutions, that-- : 1; Is listed in the appendix A 1o §172.101 of this subchapter; 4/28.2005#

Page 4Page 3 of 3 2) Is in a quantity, in ore package, which equals or exceeds the reportable quantity (RQ: listed in the appendix A to §172.101 of this (3) When in a mixture or solution- st bchapter; and (i) For radionuclides, conforms to paragraph 7 of the appendix A to §172.101. (1) For other than radion clides, is in a concentration by weight wtich equals or exceeds the concentration corresponding to the FiQ of the material, as shown in the following table: RC pounds (kilograms) Concentration by weight Percent PPM 5000(2270) . 10 10C0 (454) 2 20,000 100,000 10C (-15.4) . 0.2 2,000 1014.54) 0.02 200 1 (C.454) 0.002 20 The term does not include petroleum, including crude oil or any fraction hereof which is not otherwise specifically listed or desigrated as a hazardous substance in appendix A to §172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such syrt retic gas). Thank you Doug Mullins GA"* Rail Ph. 312-621-6669 Chicago Fax 3: 2-499-7611 4/28/2005#

Page 5Page 1 of 3 Drakeford, Carolyn <PHMSA> From: Mazz illo, Ed <PHMSA> Sent: Thursday, April 28, 2005 2:37 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Request for Interpretation - 49CFR 173.31(f(1) as far as i can tell Flease assign for response and have the specialist call or email Mr. Mullins. Neither of his prior emails got to me =d F-om: douglas.mullins@gatx.com [mailto:douglas.mullins@gatx.com] *----Original Message----- Sant: Wednesday, April 27, 2005 5:18 PM Subject: Fw: Request for Interpretation - 49CFR 173.31(f)(1) To: Mazzullo, Ed <PHMSA> Mr. Mazzulo, You may not have received the following message of March 23. Please confirm that you have received this message. Please also advise when we can expect a response. Trank you. Do ig Mullins GATX Rail Ch cago Ph 312-521-6669 Fa:: 312-409-7611 ..... Forwarded by Douglas Mullins/CHI/GATXCORP on 04/27/2005 04:12 PM -.... Dicuglas Mullins/CHI/GATXCORP To ed.mazzullo"@dot.gov 03. 23/2005 02:51 PM cc l Subject Fw: Request for Interpretation - 49CFR 173.31(0(1) ..... Forwarced by Douglas Mullins/CHI/GATXCORP on 03/23/2005 02:51 PM - Couglas Mullins/CHI/GATXCORP To smtp:ed.ma.zzulo@dot.gov 4/28/2005#