{"operation":"document","citation":"10-0132","title":"Entergy Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-07-30","effective_on":null,"summary":"10-0132 response to Entergy Services, Inc. concerning 172.204, 172.800.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0132.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0132.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0132","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100132.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nJUL 22 2010\nMr. Joe Hantz\nEntergy Services, Inc.\n10055 Grogans Mill Road, Suite 400\nThe Woodlands, TX 77380\nRef. No. 10-0132\nDear Mr. Hantz:\nThis responds to your June 14, 2010 letter regarding the applicability of the security plan\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nAccording to your letter, several of your power plants receive chlorine gas (i.e., a Division 2.3\nmaterial) in cylinders from a vendor. Once the chlorine has been used up, the vendor returns to\npick up the empty cylinders. The empty cylinders are not purged of trace residuals of chlorine\ngas that may remain in the cylinder prior to vendor pickup. You note that vendor personnel\nhandle the transport, unloading of full cylinders from the motor vehicles, and loading of empty\ncylinders onto the motor vehicles without any involvement from Entergy personnel including\nany pre-transportation functions such as preparation of the cylinders for transportation or\npreparation of shipping papers. Additionally, the Entergy personnel signature(s) on the shipping\ndocument(s) are for purposes of certifying financial agreement and not for purposes of\ncertifying that the chlorine is being transported in accordance with the HMR as part of the\nshipper's certification required under § 172.204. You believe that Entergy is not acting as an\nofferor at these power plants and therefore, security plans are not required of Entergy to address\nthe security risks associated with the return shipment ofthe empty cylinders from the plants.\nYour understanding is correct. If Entergy contracts with the vendor to perform all pretransportation\nfunctions related to the residue shipments from the Entergy plants, including\nsecuring the closures of the cylinders, preparing the shipping paper( s), providing emergency\nresponse information, and signing the certification required by § 172.204 that the shipments are\nin proper condition for transportation, then Entergy would not be considered an offeror for the\npurposes ofthe HMR and thus, not subject to the security plan requirements of the HMR.\nI hope this information is helpful. If you have further questions, please contact this office.\nin:l'ep~\nCharles E. Betts\nChief, Standards Development\nffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nDel\" kinde Yen\n,. Entergy Services, Inc.\n.fB 17Z . 800 10055 Grogans Mill Road\n5ec.u.r1·~ funs Suite 400\nThe Woodlands, TX 77380\n~Entergy Tel. 281-297-3319\n10 - Dl3Z\nFax 281-297-3251\nJoseph Hantz\nManager, Environmental Services\nJune 14,2010\nMr. Ben Supko\nOffice ofHazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave SE\nWashington, DC 20590\nRE: Request for Clarification ofRequirements\nHazardous Materials Risk-Based Transportation Security Plans\nFinal Rule March 9, 2010\nDear Mr. Supko,\nEntergy Corporation (Entergy) is an integrated energy company engaged primarily in electric power production and retail distribution\noperations. Entergyowns and operates power plants with approximately 30,000 megawatts ofelectric generating capacity. Entergy\ndelivers electricity to 2.7 million utility customers in Arkansas, Louisiana, Mississippi and Texas. Entergy has been preparing to\ncomply with the new rule referenced above and is requesting clarification from your office regarding the applicability ofthese new\nrequirements on our fossil plant locations.\nSeveral ofour fossil plants receive a hazard class 2.3 material (Le. chlorine gas for water treatment) from off-site vendors who deliver\nfull cylinders ofthe material to the plant to replace those that are empty. The vendor uses their own personnel and equipment for this\nreplacement activity. Entergy personnel are not involved with the preparation of shipping papers, with the physical unloading and\nplacement, nor with loading or fmal offsite shipment ofthese cylinders. Entergy is not involved with the procedures to load or unload\nthe cylinders and has no knowledge or control ofthe route that the cylinders take on public highways. The cylinders are empty when\ncollected by the owner but are not purged oftrace residuals before the vendor transports the cylinders from our property. The shipping\npapers are signed by Entergy personnel for the sole purpose ofdocumenting the fmancial agreement to pay for the chlorine and\nassociated container rental and are not associated with the transportation ofthese materials.\nPlants that receive the chlorine gas cylinders have been evaluated under the Department ofHomeland Security (DHS) Chemical\nFacility Anti-Terrorism Standards (CF A TS) via the DHS Chemical Security Assessment Tool. Appropriate CF ATS security plans\nhave been drafted and implemented ensuring the security ofchlorine gas cylinders on the applicable production sites.\nEntergy does not believe that our sites are acting as offerors for transportation of the chlorine cylinders. Therefore, we do not believe\nthat the plants involved require the new risk based DOT security plans. Based on this information, Entergy requests clarification as to\nwhether DOT Security Plans are required at these plant locations.\nIfyou have any questions regarding this request, please contact Don Lierman at 281-297-3393 or dlierma@entergy.com.\nsm4~.\n~n~~\nEntergy Fossil Enviromnental Services Manager\ncc:\nMark Bowles - Fossil Enviromnental Support\nDon Lierman - Entergy Environmental Services","truncated":false,"body_characters":5542}