Earth Tech, Incorporated — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 KG'.' 2 i Mr. Bob Crump Earth Tech, Incorporated 36 133 Schoolcraft Livonia, MI 48 150 Ref. No. 08-0077 Dear Mr. Crump: This responds to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80). Specifically, you ask whether the requirement in § 174.14(a) of the HMR for rail carriers to forward shipments of hazardous materials within 48 hours applies to transloading operations. The original intent of the 48-hour rule was two-fold: (1) it was intended to prevent shippers from sending out loaded tank cars of hazardous materials without a billed destination and (2) it also was designed to prevent rail carriers from delaying delivery so that other, higher-tariffed commodities could be moved ahead of these shipments. Section 174.14 is now applied to achieve a broader public safety and security goal - that is, to reduce time in transit of hazardous materials rail cars, thereby reducing the risk of accidents, incidents, vandalism, or other safety or security related problems. For transloading operations from rail tank cars to cargo tank motor vehicles as described in your request, $ 1 74.14(a) does not apply. The 48-hour rule is a forwarding regulation while the shipment is in transport and does not cover delivery. (Delivery requirements are outlined in 5 174.16). Section 174.14 (a) does not apply to intermodal transfer operations nor does it apply to highway shipments, or residue quantities. I hope this information is helpful. Please contact this office should you have additional questions. i at tie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Page 1 of 1 Drakeford, Carolyn <PHMSA> From: Drakeford, Carolyn <PHMSA> Sent: Wednesday, October 22,2008 10:14 AM To: Mclntyre, Joan <PHMSA> Cc: Mitchell, Hattie <PHMSA> Subject: FW: Applicability of 49 CFR 171.14 From: Crump, Bob [mailto:Bob.Crump@earthtech.com] Sent: Wednesday, March 05, 2008 4:01 PM To: :INFOCNTR <PHMSA> Subject: Applicability of 49 CFR 171.14 Info Center: It seems very clear how storage incidental to transportation, defined in 49 CFR 171.1 applies to a transloading area. The materials are in transportation and therefore, EPA requirements do not apply. The material is regulated by DOT and must meet the requirements of f j 173.3 1 and f j 174. What I have been unable to determine is how the 48 hour time limit noted under 49 CFR 174.14 might apply. I spoke with a gentleman on the Helpdesk line and he wasn't s u e that provision was even being enforced. Because of the size difference between the rail car and tanker trucks, customer requirements (industry often doesn't have stationary tanks big enough to hold more than one truckload at a time), and other factors, it may be difficult to expedite a rail car to truck transload in 48 hours. Does this subsection apply to transloading, or have I missed something? If it does, why? Regards, Bob Crump, CHMM t:.r~.th !ik:h, !I,<.. Ozrrori (!ffice .?6 133 Schnnlr-rcqi L~i~unic~. 1111 ;a!.50 I:-mall- Boh C.~.mp@jE&hiech.corn#