{"operation":"document","citation":"10-0073","title":"Eastman Chemical Company Texas Operations — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-10-20","effective_on":null,"summary":"10-0073 response to Eastman Chemical Company Texas Operations concerning 173.319.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0073.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0073.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0073","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100073.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration OCT 20\" 2011\n1200 New Jersey Avenue SE\nWashington. DC 20590\nMs. Marilyn Williams\nLogistics Representative\nEastman Chemical Company\nTexas Operations\nP.O. Box 7444\nLongview, Texas 75607-7444\nRef. No. 10-0073\nDear Ms. Williams:\nThis responds to your letter requesting clarification of the applicability of certain regulatory\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\na tank car that previously contained \"UNI038, Ethylene, refrigerated liquid,\" a cryogenic,\nDivision 2.1 (flammable gas) material. You ask whether the annular space absolute pressure\nrequirement « 75 microns of mercury) specified in § 173.319(b)(2) ofthe HMR applies to a\ntank car containing the residue of ethylene no longer in cryogenic form that is depressurized\nto 10 psi or less and purged with nitrogen. Additionally, you ask whether movement\napproval from the Federal Railroad Administration (FRA) under § 174.50 is necessary to\noffer such a purged, residue tank car for transportation ifthe absolute pressure does exceed\n75 microns ofmercury in the annular space when being offered for movement to a repair\nfacility to correct such a deficiency. We apologize for the delay in responding and any\ninconvenience it may have caused.\nAs specified in § 173 .319(b )(2), when a tank car containing a flammable cryogenic liquid is\noffered for transportation, the absolute pressure in the annular space must be less than 75\nmicrons ofmercury. A DOT 113 specification tank car that no longer contains flammable\ncryogenic liquid is not subject to this requirement because its monitoring does not provide\nan accurate indication of potential insulation problems. Because the residue no longer poses\na risk in transportation as a flammable cryogenic liquid, the tank cars are not subject to the\nannular space absolute pressure requirement in § 173.319(b )(2). However, your residue may\nstill meet the definition of a flammable gas and, therefore, be subject to other regulations. In\naddition, because the nonconforming tank cars are being used to transport a hazardous\nmaterial residue, they are subject to movement approval by the FRA under § 174.50 when\noffered for transportation to a repair facility.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSU1cerelY~ _\n~~ter~\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nTexas Operations\nP.O. Box 7444\nLongview, Texas 75607-7444\n~ASTMAN\nPhone: (903) 237-5000\nEastman Chemical Company\nMarch 22, 2010 S+evens\n~ [73 . ;z..<1\n4 ~ 78 . 3 ~ q (b)@-)\nU. S. Department of Transportation PHMSA Office of Hazardous Materials Standards\nAttn: PHH-lO\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-001\n~O- 0~1,3\nRe: Letter of Interpretation\nDear PHMSA Office of Hazardous Materials Standards:\nEastman Chemical Company (Eastman) requests a letter of interpretation regarding\nthe provisions specified in Title 49 Code of Federal Regulations (CFR), Part 173.29(a)\nEmpty Packages and Part 173.319 (b)(2), Cryogenic liquids in Tank Cars.\nEastman offers for transportation by rail a hazardous material as UN 1038, Ethylene,\nRefrigerated Liquid, 2.1 in- DOT 113 tank cars. Eastman does not own the railcars, but is\nresponsible for loading and offering the cars in transportation. When railcars are received for\nfilling, Eastman make appropriate checks to ensure micron level fall within a range that is\nacceptable for filling and will meet regulatory requirements after filling. Ifthe car micron level\nis too high before filling, we do not fill the car. We notify the owner that the railcar cannot be\nfilled/shipped and request owner send car to repair facility.\nIn order to minimize risk and to provide an equivalent level of safety we depressure the car to 10\npsi or less and purge with nitrogen to the maximum extent possible to remove the maximum\namount of ethylene prior to shipping the tank car for tepair.\nMy questions concerning this matter are:\n1. Does the requirements set forth in 49CFR 173.319 (b)(2) apply to shipping/offering a residue\nlast contained ethylene tank car? In other words, when a residue last contained ethylene\ntank car is shipped/offered for transportation, must the \"absolute pressure in the annular\nspace be less than 75 microns of mercury\n2. Would an FRA movement approval be required to offer into transportation a residue\nethylene car that has 75 microns of mercury or more for movement to a repair facility?\nYour assistance in this matter is greatly appreciated.\nI Sincerely, 1£,',~\\ ­ t/\"Yhf)A~I~ 'Pf~\nIIJrnt~illiams . ..\nLogistics Representative\nEastman Chemical Company\n'Resldu~\n••\nOSHA STAR WORKSITE\nResponsible Care ®\n1D(A5 EA51MAN DIVISION A Public Commitment't~","truncated":false,"body_characters":4844}