{"operation":"document","citation":"10-0206","title":"Iowa Renewable Fuels Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-15","effective_on":null,"summary":"10-0206 response to Iowa Renewable Fuels Association concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0206.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0206.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0206","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100206.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\nDEC 1 5 2010\nMr. Monte Shaw\nExecutive Director\nIowa Renewable Fuels Association\n5505 NW 88th Street, #100\nJohnston, IA 50131\nRef. No.: 10-0206\nDear Mr. Shaw:\nThis responds to your September 24, 201 0 letter requesting clarification ofthe pre-transportation\nfunctions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You indicate\nthat one ofyour ethanol and biodiesel member producers receives methanol in a tank car, unloads the\nmethanol, closes the valve or lid, and returns the placarded tank car containing a possible residue of\nthe methanol. Specifically, you ask if closing the valve or lid, as described above, is considered\n\"securing a closure\" under § 171.1 (b)( 4) or ifit means sealing the package to prevent tampering.\nAs used in § 171. 1 (b)(4), the phrase \"securing a closure\" would apply to a person who closes the\nvalve or lid on a package or container containing a residue of hazardous material. It does not refer to\nsealing a package to prevent tampering.\nI trust this satisfies your inquiry. Please contact us ifwe can be offurther assistance.\nSB~ 5:~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n> lowa Renewable Fuels Association\n5505 NW 88th Street #100 • Johnston, IA USA 50131-2948 515-252-6249\nFAX 515-225-0781\nSeptember 24, 2010\nWinter\n$171.1\nApplicability\nU.S. Department of Transportation\nPHMSA Office of Hazardous Materials Standards\n10 - 0206\nAttn: PHH 10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDear Sir or Madam:\nWe are writing to request a letter of interpretation on the meaning of the term, \"securing a closure,\" as\nfound in 49 CFR 171.1(b)(4). This request stems from recent confusion and disagreement that has\narisen in regards to the proper application of this term.\nThe Iowa Renewable Fuels Association (IRFA) is the largest trade association representing lowa's\nethanol and biodiesel producers. Recently, employees from one of our producer members (an lowa\nbiodiesel refinery). were notified by, a Federal Railroad Administration (FRA) official that their facility\nwas required to register as a hazardous material, \"offerer,\" This proclamation came as quite a shock to\nthese personnel because the products their, facility manufactures and ships. (biodiesel and glycerin) are\nnot hazardous, do not require placards, and, are generally regarded as safe. Apparently, the issue in.\nquestion is related to the occasional rail tank cars of methanol this facility receives and unloads for use\nin its process- These workers were, told by FRA that allowing any empty rail car, with placards and\npossible chemical, residue to leave their property, made them an \"offerer\", of hazardous materials.\nAfter reading the Hazardous Materials Regulations (HMR), specifically 49 CFR 171.1, this biodiesel\nproducoris staff felt that their, facility's activities were restricted, to those, which are clear)y exempted\nfrom the HIMR in 171.1 (d)(2,3 & 4). However, these personnel were referred to an interpretation ..\nletter (see Attachment 1) which indicated that a consignee who participated in any of the pre-shipment\nfunctions listed in 171.1(b) would be considered an \"offerer,\" and would be forced to register with the\nDepartment of Transportation using Form F 5800.2. While these employees felt their facility was able\nto answer \"NO\", to all the points in 1711(b), there was, some confusion as to what was meant by..?\n\"securing a closure\" in 1711(b)(4).r;\nIn our understanding of general industry terms, a closure, is \"secured\" when it is locked, blacked, or\nsealed in some way that prevents tampering with the load, Simply closing the yalve or lid would not\nbe considered \"secured\". However, this biodiesel refinery's staff was told by an FRA official that\nPHMSA interpreted \"securing a closure,. to mean şimply, shutting a valve, closing a lid, or screwing\nbeen unable to find any documented, evidence that clearly defines the act of \"securing a closure,\"\ntherefore, we have been unable to properly, advișe this biodiesel, producer regarding this issue.\n\n<<<PAGE 3>>>\n\nSince this matter is one ofserious importance to our member biodiesel refineries (not to mention other\nsimilar industrial settings in which empty rail cars with hazardous chemical residue are allowed to\nleave a private siding), we would appreciate your prompt response to the following question:\nCould you please provide a letter ofinterpretation to clarify the meaning ofthe term, \"securing a\nclosure,\" as found in the Hazardous Materials Regulations at 49 CFR 171.1(b)(4), specifically in\nregards to an empty rail car which still contains residue ofa hazardous chemical and whether simply\nclosing a lid or shutting a valve on an empty railcar is considered \"securing a closure\"?\nWe appreciate your time and attention to this matter, and we eagerly await your response. Please\ncontact me at (515) 252-6249 or mshaw@iowarfa.org ifyou have any questions or need any\nadditional information in order to provide the interpretation.\nSincerely,\nExecutive Director\nPage 20f3\n\n<<<PAGE 4>>>\n\nATTACHMENT 1\nPHMSA Interpretation #06-0043\nMayS, 2006\nPHMSA Response Letter\nMay 8,2006\nMr. DaVid Hlromura Rererence NO. OCi-0043\nNRS Logistics, Inc.\n10 Bank St. Suite 1110\nWhite Plains, NY 10606\nDear Mr. Hiromura,\nThis Is in response to your letter dated February 16, 2006, and subsequent telephone conversation with a member of my\nstaff requesting clarification of the terms \"hazmat employer\" and \"offeror\" under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). You describe a scenario in which hazardous materials are delivered to your facility in a\nportable tank. Upon delivery, the driver disconnects from the trailer chassis, leaving the portable tank to be unloaded by\nyour employees. The carrier then returns to pick up the portable tank for return shipment to its original offeror. Your\nquestions are paraphrased and answered below.\nQ1. Are you an offeror for purposes of the HMR when your employees contact a carrier to pick up a portable tank\ncontaining the residue of a hazardous material?\nAI. As provided in § 171.8, an \"offeror\" is any person who: (1) performs, or is responsible for performing, any pretransportation\nfunction required under the HMR for transportation of a hazardous material in commerce; or (2) tenders or\nmakes the hazardous material available to a carrier for transportation In commerce. Pre-transportation functions are\nfunctions specified in the HMR that are required to assure the safe transportation of a hazardous material in commerce,\nincluding, but not limited to: (1) determining the hazard class of a material; (2) selecting a packaging; (3) filling a\npackaging; (4) securing the closures on a filled or partially filled packaging; (5) marking and labeling a package; (6)\npreparing a shipping paper; (7) providing and maintaining emergency response information; and (8) certifying that a\nhazardous material is in proper condition for transportation in conformance with HMR requirements. If your employees\nperform any pre transportation functions to prepare the portable tank containing the residue of a hazardous material for\ntransportation in commerce, then you are an offeror for purposes of the HMR.\nNote that if you contract with the carrier to perform all pre-transportation functions related to the residue shipment,\nIncluding securing the closures on the portable tank, preparing the shipping paper, providing emergency response\ninformation, and certifying the shipment is in proper condition for transportation in conformance with HMR requirements,\nthen you are not considered an offeror for purposes of the HMR.\nQ2. Would your company be responsible for: (1) providing hazardous materials training to your employees; (2)\nimplementing a security plan; and (3) registering with the Department of Transportation as a person who offers or\ntransports hazardous materials?\nA2. Generally, empty packagings containing a residue of a hazardous material must be transported in the same manner\nas when they previously held a greater quantity of the material. If your employees perform any pre-transportation\nfunctions to prepare the residue shipment for transportation in commerce, then those employees must be trained In\naccordance with requirements In Subpart H of Part 172 of the HMR. Further, persons who offer for transportation or\ntransport certain hazardous materials in commerce are required to register with PHMSA in accordance with 49 CFR Part\n107, Subpart G and to develop and implement a security plan in accordance with Subpart I of Part 172. See the discussion\nunder AI above.\nI hope this satisfies your inquiry. If we can be of further aSSistance, please contact us.\nSincerely,\nEdward Mazzullo, Director\nOffice of Hazardous Materials Standards\nPage 30f3","truncated":false,"body_characters":8952}