Musket Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration SEP - 6 2006 Mr. Doug Lumry Ref. No. 06-0184 Masker orpori logistics P.O. Box 26210 Oklahoma City, OK 73126 Dear Mr. Lumry: requirements for unloading hazardous materials from rail tank cars under the Hazardous This is in response to your July 25, 2006 letter requesting clarification of the requirements for opening manhole covers in accordance with § 174.67 of the HMR. In Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about the your letter you cite examples of transloading processes that require the manhole cover to remain closed during unloadıng. The intent of § 174.67(b), and (c) is to provide procedures for removing and adjusting the manhole cover during transloading operations. These requirements apply when the manhole cover is required to be opened or adjusted as part of the transloading operation. Therefore, pneumatic unloading, vapor control systems, and other unloading methods requirements. that require the manhole cover to remain closed during unloading are not subject to these I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, John A. Gale Chief, Standards Development Office of Hazardous Materials Standards 174.67 060184#

Page 2Leary $114.67 Tank Car Unloading 06-0184 MUSKET CORPORATION Doug Lumry 405-302-6785 FAX 405-302-9110 July 25, 2006 Mr. John Gale, Chief, Standards Development Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration PHH-10 U.S. Department of Transportation 400 7th St., S.W. Washington, DC 20590-0001 Re: Interpretation of 49 CFR 174.67 Dear Mr. Gale, explain the applicability of 49 CFR 174.67 in certain situations, I do not believe that it addressed the exact Thank you for your response to our request for an interpretation of 49 CFR 174.67. While your response did situation that poses a concern to us. I will attempt to clarify our concerns in this letter. Musket Corporation actually does conduct transloading operations that are subject to 49 CFR 174.67 under continuing the movement of the hazardous material in commerce. to filing the ee venerati of the hazar drus material in commerank cars to dinkly, we equest your pose in hazardous materials from tank cars. clarifying the requirement for removing the manhole cover, as stated in 49 CFR 174.67, for unloading with regulations from other regulatory bodies, such as the EPA National Emission Standards for Hazardous manhole opening. The language requiring manhole covers to be opened during this process also conflicts 63.920 through 63.924, and Subpart R (National Emission Standards for Gasoline Distribution Facilities), 40 Air Pollutants for Source Categories, Subpart PP (National Emission Standards for Containers), 40 CFR number of air quality control permits which restrict the amount of emissions companies can vent into the CFR 63.420 through 63.429, as well as various state statutes. Finally, this requirement conflicts with a atmosphere. impact on a large number of transloaders which unload tank cars. In light of the apparent conflicts this As you can imagine, the regulation's requirement for removing the manhole cover in these situations has an#

Page 3.A*0:0:3 MUSKET CORPORATION 10.40 regulation's intent and applicability. In this regard, we would like you to answer the following questions: portion of the regulation poses to us and others in the industry. we therefore seek clarification of the 1) 2) 3) Des 49 CER 174,67 require the manhole cover to be opened or removed when the ank cars are being pneumatically unloaded? We appreciate your assistance in this matter and eagerly await your response. Please feel free to contact me should you have any questions. Best regards, Borg darmy Manager of Rail Logistic#