{"operation":"document","citation":"09-0196","title":"Schneider National Bulk Carriers, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-12-17","effective_on":null,"summary":"09-0196 response to Schneider National Bulk Carriers, Inc. concerning 171.15, 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0196.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0196.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0196","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090196.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave\" S.E\nWashington, DC 20590\nDEC 1 7 2009\nMr. Terry Tavares\nEnvironmental Technician\nSchneider National Bulk Carriers, Inc.\nP.O. Box 2700\nGreen Bay, WI 54306-2700\nReference No. 09-0196\nDear Mr. Tavares:\nThis is in response to your August 3, 2009 letter requesting further clarification of the incident\nreporting requirements in 49 CFR 171.16 of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Specifically, you ask if incidents involving leaks from a customer's\npiping or storage tank that occur during the time a hazardous materials is unloaded from a\ncargo tank motor vehicle into a storage tank must be reported.\nAs required in § 171.16, each person in physical possession of a hazardous material at the\ntime an incident specified in § 171.16 occurs during transportation (including loading,\nunloading, and temporary storage) must submit a Hazardous Materials Incident Report on\nDOT Form F 5800.1 within 30 days of discovery of the incident. For purposes of the HMR,\ntransportation begins when a carrier takes physical possession of a hazardous material for the\npurposes of transporting it and continues until the hazardous material is delivered to the\ndestination indicated on a shipping paper, package marking, or other medium. In the scenario\nyou describe, the material is considered to be in transportation and in the possession of the\ncarrier until delivery to the consignee is complete. Therefore, the carrier must complete and\nsubmit a DOT incident report.\nYou also ask if a carrier is required to file a hazardous materials incident report in the\nfollowing four scenarios: (I) material is flowing through the customer's piping to their\nstorage tank and the piping develops a leak; (2) a leak in the customer's storage tank is\nnoticed during the unload; (3) the customer's storage tank overt1ows either due to a faulty\nsight gauge or the plant operator miscalculated the amount of material in the storage tank; or\n(4) the customer's storage tank overflows due to driver miscalculation or too much air\npressure. If these events occur while the hazardous material is being unloaded from the cargo\ntank, the answer is yes. Ifscenarios 1, 3, and 4 occur after the carrier has departed the\npremises, the carrier is not subject to the incident reporting requirements.\n\n<<<PAGE 2>>>\n\nFor your information, there are certain exceptions from the incident reporting requirements.\nAs specified in § 171. 16(d), unless a telephone report is required under § 171.15, incidents\nthat do not require an incident report include the following:\n1) A release of a minimal amount of hazardous material from a vent, for materials for\nwhich venting is authorized; the routine operation of a seal, pump, compressor, or\nvalve; or connection or disconnection of loading or unloading lines, provided that the\nrelease does not result in property damage. See § 171.l6(d)(l).\n2) An unintentional release of hazardous material when the material is properly classed\nas a Packing Group III material in Class or Division 3, 4, 5, 6.1,8, or 9, and the\nmaterial is not a hazardous waste. See § 171.16(d)(2).\nI hope this satisfies your request.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Regulations\n2\n\n<<<PAGE 3>>>\n\nBulk Carriers,Inc.\nAugust 3, 2009 ~Wlonson\n~ 171. Jip\n:enCI'd en t {2. -epa rt6\n<J9-o ,ct&\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-1 0)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRE: INTERPRETATION OF 49CFR §171.16\nDear Mr. Mazzullo:\nWe are a bulk transportation company. On behalf of our company and our customers, I would\nlike to receive written clarification of the incident reporting requirements in 49CFR § 171.16. On\ntwo occasions I have called the Hazardous Materials Infonnation Center with certain scenarios\nand received the same answer both times.\nThe majority of our deliveries from our cargo tanks are made to fixed storage tan1es at the\nconsignee using our product transfer hose and air pressure or a pump. I questioned the HMIC as\nto whether or not we (as the transporter) were responsible for filing an incident report ifthe\nstorage tank or the customer's fill line develops a leak during the process of transferring the\nproduct. Both times I was told yes because it happened during the process of unloading. Hence,\nI have been reporting these incidents as required.\nHowever, I have received conflicting views from the industry. Some facilities question whether\nor not they are in possession of the product once the product is out of our transfer hose and into\ntheir piping or storage tank, even though the unload is not complete and product is still flowing\nthrough the transfer hose. They believe the transporter should not be responsible for any\nreporting requirements because it would then fall under their facility reporting guidelines.\nPlease clarify ifthe transporter is required to file an incident report in the following scenarios\nduring a hazardous material unload from a cargo tank. In addition, please clarify if the quantity\nof product spilled, or whether or not it spilled into a contailIDlent area around the storage tank,\nhas any bearing on the requirement to report.\n• Product is flowing through the customer's piping to their storage tanle and the piping\ndevelops a leak.\n• A leak in the customer storage tank is noticed during the unload.\nP.O Box 2700\nGreen Bay, Wisconsin 54306\n920·592·5100\nwww.schneider.com \n L.fJ,,_~\".~\"\n••M._,,_ ,rResponsible Care® Partner Company\nISO 911111 2000\nP4828006\n\n<<<PAGE 4>>>\n\nBulk Carriers,Inc.\n• The customer's st rage tank overflows due to a faulty sight gauge or the plant operator\nmiscalculated the amount in the storage tank.\n• The customer's storage tank overflows due to driver miscalculation or too much air\npressure.\nYour attention to this request and formal guidance is greatly appreciated. Please do not hesitate\nto call or email me if more information is needed. Thank you for your time.\nSincerely,\nMs. Terry Tavares\nEnvironmental Technician\nSchneider National Bulk Carriers, Inc.\nPO Box 2700\nGreen Bay, WI 54306-2700\n920-592-3326\ntavarest(a~schnei der. com\nP.O Box 2700\nGreen Bay, Wisconsin 54306\n920-592-5100 f\nwww.schneider.com L. i ~ A Chemical Manufaclurers Assoclallon , r Responsible Care® Partner Company\nISO ~11 24101)\nCertificate Number 3{l410\nP4828006","truncated":false,"body_characters":6500}