D.B. Western, Inc. - Texas — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAR 0 5 2223 1200 New Jersey Ave.. S.E Washington. DC 20590 Mr. Phil Johnson D.B. Western, Inc. - Texas 125 1 1 Strang Road LaPorte, TX 77572 Ref. No. 08-0010 Dear Mr. Johnson: This is in response to your December 26,2007 letter to Mr. Don Burger of the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) Office of Hazardous Materials Special Permits and Approvals, and January 9,2008 telephone conversation with a member of my staff concerning the shipment of a flammable liquid in a 286,000-pound rated tank car under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). Your letter was forwarded to PHMSA's Office of Hazardous Materials Standards for reply. You state your company, a chemical manufacturer, plans to move its plant to a new location and would like to use a 286,000 pound, gross weight limitation (GWL) rated tank car to transport a new product it is developing with a high methanol content that may meet the definition of a flammable liquid. We have paraphrased your questions and answered them in the order posed in your letter. Q1. If a flammable liquid product is shipped in a 286,000-pound rated tank car, is it correct. that the use of a Class DOT-1 11 tank car must be authorized by PHMSA under the terms of a special permit? Al. Assuming your product is a Class 3 (flammable liquid), PG I1 material, $ 173.242 of the HMR authorizes the use of Class DOT-1 03, DOT-1 04, DOT-1 05, DOT- 109, DOT- 1 1 1, DOT- 1 12, DOT- 1 14, DOT- 1 15, and DOT- 120 tank cars. Of these tank cars, Class DOT-105, DOT-1 11, and DOT-1 12 tank cars of the requested weight have been authorized for use under the terms of a PHMSA-issued special permit. Please note that 5 179.13 requires that any tank cars built after November 30, 1970, must not exceed 34,500 gallons capacity or 263,000 pounds gross weight on rail. Any deviation from these limitations must be authorized under the terms of a special permit issued by the Associate Administrator for Hazardous Materials Safety, PHMSA. Q2. What is this permit called and where do we locate the information on how to apply for it and what it costs? A2. A "special pennit" is defined in 171.8 and its requirements are prescribed in 49 CFR Part 107, Subpart B. The application procedures are prescribed in 5 107.105. An#

Page 2applicant must submit an application and supporting documentation, as well as any additional information or materials we request to process the application. This agency does not charge any processing fees for special permits. Q3. What are the limits for what is considered a flammable liquid and what is not? A3. The defining criteria for a Class 3 (flammable liquid) material are prescribed in 5 173.120(a) and are as follows: A liquid having a flashpoint of not more than 60 "C (140 OF), or Any material in a liquid phase with a flash point at or above 37.8 "C (100 OF) that is intentionally heated and offered for transportation at or above its flash point in a bulk packaging. A combustible liquid is also a Class 3 material. Its defining criteria are prescribed in 5 173.120(b) and are as follows: Any liquid that does not meet the definition of any other hazard class specified in the HMR and has a flash point above 60 "C (140 OF) and below 93 OC (200 OF). A flammable liquid with a flash point at or above 38 "C (100 OF) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation are impractical. An elevated temperature material that meets the definition of a Class 3 material because it is intentionally heated and offered for transportation or transported at or above its flash point may not be reclassed as a combustible liquid. A combustible liquid that does not sustain combustion when tested using either test method specified in American Society for Testing and Materials (ASTM) standard D 4206 (see 5 171.7), or the procedure in Appendix H of 49 CFR Part 173 when heated under test conditions and exposed to an external flame source, is not subject to the HMR as a combustible liquid. Additional requirements for classifying or excepting a material as a flammable liquid are prescribed in $6 173.120 and 173.150, and the requirements for assigning a Packing Group to a flammable liquid are prescribed in 5 173.121. I hope this satisfies your request. Sincerely, Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3I 1251 1 Strang Road. LaPorte . TX ,77572 i (541)-756-0533 . Fax: (541)751-8619 . r ~ t ~ i l tr tit,\$ t . t r t . ~ . i ~ . ~ - ~ r ~ ~ I I Purchasing Office L I --- -- ATT: Special Permits Information Officer Subject: 286,000 L b Rated T a n k Cars W e are looking at the possibility o f needing to ship one o f our products in 286,000 Ib GWL rated tank cars. W e need some information on this and cannot seem to locate what we need on the online services, and was recommended to your oflice by the main Federal office o f information Question: W e are given to understand that if a product to be shipped in tank cars is considered flammable, then if it is to be shipped i n 286,000 I b rated cars, it will need to be a Class 1 11 car and require a special permit, is that correct. What is this permit called and where do we locate the information on cost o f same and the requirements for filing f o r it. If a product is considered flammable and not to be shipped i n 286,000 Ib rated cars but only standard 263,000 Ib rated cars then docs it require that they be class 11 1 cars and does it also require the permit given it has the proper documentation otherwise. Where is the brca k on what is considered flammable and what is not Please advise via Email if possible with complete answers as we have tired to glean them from the information o n the W E B pages with no success 'Thank you I#

Page 4From: Gale, John <PHMSA> Sent: Wednesday, January 09, 2008 9 5 2 AM To: Edmonson, Eileen <PHMSA> Cc: Burger, Donald <PHMSA> Subject: FW: DOT Questions.pdf Here you go From: Edmonson, Eileen <PHMSA> Sent: Wednesday, January 09, 2008 9:51 AM To: Gale, John <PHMSA>; Burger, Donald <PHMSA> Subject: RE: DOT Questions.pdf Sure, but where is the attached listing he is referring to? Don, do you have it? Eileen Edmonson Transportation Regulations Specialist USDOT, Pipeline & Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, PHH-12 Washington, DC 20590-0001 202-366-4481 (w) 202-366-7435 (f) 202-366-3753 (info ctr fax) http://hazmat.dot.qov (website) eileen.edmonson @ dot.qov (e-mail) From: Gale, John <PHMSA> Sent: Wednesday, January 09, 2008 9:49 AM To: Burger, Donald <PHMSA>; Edmonson, Eileen <PHMSA> Subject: RE: DOT Questions.pdf Eileen: Can you please handle this inquiry by phone. Thanks John From: Burger, Donald <PHMSA> Sent: Tuesday, January 08, 2008 3:32 PM To: Gale, John <PHMSA> Subject: FW: DOT Questions.pdf John - Can one of your guys get back with this guy. I know it is kind of old, (It came in while I was out for Christmas and New Years) but I don't know rail cars at all. Thanks - Don B#

Page 5From: Phil Johnson [mailto:Phil@dbwestern.com] Sent: Wednesday, December 26, 2007 3:12 PM To: Burger, Donald cPHMSA> Subject: DOT Questions.pdf We are a chemical producer and have been rying to get some questions clearly answred regarding shipping product considered flammable in the 286,000 lb rated tank cars NIr Billy Hines of the SW Regional otl'ice referred us to you for response I Please see attched listing Sincerely would appreciate a complete response to these and not just another refferal to a web site as we cannot seem to wade thru tjhose and get the eact answers we need as it is very confusing Thank you for your help#