Maxum West — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAR 0 1 2011 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Brian Biancavilla Regional Director, Maxum West 2640 North 31st St. Phoenix, AZ 85009 Reference No.: 10-0266 Dear Mr. Biancavilla: This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of new, finished lubricating oils such as motor oil and transmission fluid, in intermediate bulk containers (!BCs). Specifically, you ask if, assuming the oils do not meet the definition of a hazardous material under the HMR, do the requirements for the qualification of IBCs specified in § 180.351 apply to the containers transporting these lubricating oil products. You also ask whether a carrier can be cited by commercial vehicle enforcement officers for failure to test or re-test the IBCs as stipulated in the requirements for the retest and inspection of IBCs specified in § 180.352. Provided the materials in your hydraulic oils do not meet the definition of a hazardous material, as defined in the HMR (see § 171.8), the IBC transporting finished lubricating oils you describe are not subject to the requirements of the HMR, including § 180.351. However, as required by § 173.35, when an IBC is identified as a UN specification container by its specification plate, it must meet the specification and be retested in accordance with Part 180, Subpart D regardless of whether the material is hazardous or not. We recommend covering the. specification plate if the !BC is not in hazardous materials service. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, (:;;/j/~x-~~ T. Glenn Foster Chief, Regulatory Revi~w and Reinvention Branch Standards and Rulemaking Division#

Page 2maUum. PETROLEUM Ifndrews :s 1/2.../0/ § I~o .352­ Phoenix, AZ 85005 Maxum Petroleum P.O. Box 18988 -r. 5(/5 P 602.269.7981 www.maxumpetroleum.com lo-D:t"~ December 13, 2010 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-IO East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 To Whom It May Concern: I am writing today to obtain clarification regarding the transportation of new, finished lubricating oils; such as motor oil, hydraulic oil, and automatic transmission fluid in Intermediate Bulk Containers that are loaded onto stake bed commercial vehicles and utilized for delivery of these products to varying customers in many states within the US. Are IBe's carrying the above products required to be qualified as stipulated in 49 CFR 180.3511 With oil not being listed as a Hazardous Material, does Part 180.351 not apply to containers transporting oil and oil products as identified above? As oil is not listed in the HMT as a Hazardous Material, can a carrier be cited by commercial vehicle enforcement officers for failure to test or re-test these IBe's as stipulated in 49 CFR Subpart 0, 180.352, specifically 180.352(b) and 180.352(e)? I look forward to your interpretation and guidance on this very pressing matter. Should you have any questions, or should you require any additional information; please do not hesitate to contact me at your convenience. Brian Biancavilla Regional Director, Maxum West Environmental, Health, Safety, & Security Maxum Petroleum 2640 North 31st Avenue Phoenix, AZ 85009 (602) 269 -7981 Office (602) 690 - 2142 Cellular#