ABC Coke — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administratior lazardous Materials Safety JUL 2 9 2005 Mr. William R. Mason Ref No.: 05-0130 Vice President of Operations ABC Coke P.O. Box 10246 Birmingham, Alabarna 35202 Dear Mr. Mason: This responds to your May 16, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for relief from the requirements in § 174.67(i) in effect at the time you submitted your request. On October 30, 2003, the Research and Special Programs Administration (RSPA, we) published a final rule under Docket HM-223 (68 FR 61906) entitled "Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage." The HM-223 final rule clarifies the applicability of the HMR to specific functions and activities, including hazardous materials loading and unloading operations and storage of hazardous materials during transportation. The final rule codifies in the HMR long-standing policies and interpretations concerning the applicability of the regulations to specific functions and operations. The provisions of the HM-223 final rule became effective on June 1, 2005. Under the HM-223 final rule, tank car unloading operations conducted by consignee personnel after the rail carrier has departed the consignee's premises generally are not subject to regulation under the HMR (see § 171.1(c)(3)). As adopted in the HM-223 final rule, however, the requirements in § 173.31(g) apply to all tank car unloading operations as of June 1, 2005, even when those operations are conducted by consignee personnel. cars placed for unloading would continue to apply" (68 FR 61918). As well, Occupational Safety and Health Administration (OSHA) standards may apply to such unloading operations. I hope this information is helpful. Please contact us if you require additional assistance. Office of Hazardous Materials Standards 174-6100 050130#

Page 2Supko Birmingham, Alabama 35202. P.O. Box 10246 9174.67(1) Telephone: 205-849-1300 Fax: 205-849-1322 • Tark Car Rail/Unloading BI NBC 05-0130 COHE May 16, 2005 Mr. Ed Mazzullo US Department of Transportation Office of Hazardous Materials Standards Washington, D.C. 20590 400 Seventh Street Dear Mr. Mazzullo: 174.67(i). We are requesting a variance to the DOT standard for unloading tank cars, 49 CFR At present, one of the raw materials that is received at the Tarrant, AL coke is located in Appendix A. It is received in a railcar. manufacturing plant is Sulfuric acid, 8,UN1830, PG II RQ. The Material Safety Data Sheet The railcar unloading process occurs in a primary and secondary phase. The unloading nes are attached to the railcar for the unloading process to begin, see standar perating procedure for the unloading process in Appendix B. The sulfuric acid i: every 16 hours. As the holding tanks are emptied, additional sulfuric acid is unloaded transferred to two holding tanks and is used to produce ammonia sulfate approximately from the railcar until it is emptied. There is continuous monitoring with camera in the secured interior of the facility and a derailer is in use. See the site plan in Appendix surveillance, see Appendix C. The rail line where the sulfuric acid is received is locatec D. continuously, we are requesting that the requirements of 174.6?(i) be waived and to since we have the camera and personnel that monitors the location of the railca allow the tank car to remain attached to the unloading lines to keep employees' potential exposure to the sulfuric acid to a minimum. lines attached to the railcar: In summary, there is no hazardous materials transportation risk of leaving the unloading • The location for unloading is in the secúred interior of the facility. The railcar is monitored continuusly by remote carreras and personnel; and health and safety by minimizing any unnecessary exposure to the corrosive material, Allowing the unloading lines to remain connected to the railcar will protect employees' sulfuric acid. at 205-849-1338. Please contact Steve Brakefield regarding the status of this request. He may be reached Sincerely, with as macon Vice President of Operations#