{"operation":"document","citation":"12-0168","title":"WR Grace — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-12-13","effective_on":null,"summary":"12-0168 response to WR Grace concerning 173.242, 173.32.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0168.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0168.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0168","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120168.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nDEC 1 3 2012\nMr. Norm Stollberg\nWRGrace\n7500 Grace Drive\nColumbia, MD 21044\nRef. No. 12-0168\nDear Mr. Stollberg:\nThis responds to your letter requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the use ofportable tanks. You ask whether a\nsubstance, under the description \"UN3396, Organometallic substance, solid, water-reactive,\nflammable, 4.3, I\" may be offered for transportation and transported in a Department of\nTransportation (DOT) Specification 51 portable tank without having to apply for a special\npermit.\nThe answer is yes. As prescribed in§ 173.242(c), a DOT Specification 51 portable tank is\nauthorized for the solid substance you intend to package. Additionally,§ 173.32(c)(2)\nauthorizes the continued use of a DOT Specification 51 portable tank provided it is\nmaintained and requalified in accordance with the inspection and tests prescribed in Subpart\nG of Part 180 of the HMR. Further, it is the portable tank owner's responsibility to ensure\nthat compliance, maintenance, and requalification of the portable tank is in accordance with\nthe HMR prior to offering it for transportation in commerce.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nNorm Stollberg\nWR Grace\n7500 Grace Drive\nColumbia~ MD 21044\nS+eVeV16\n~ 172· /0/ .\n~ 178. :<15 (dJ(Z)\nPov~~J.e. Tanl<s\n12-{)1 ~6\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nJuly 31, 2011\nDear Mr. Bettis,\nMy company has a fleet of DOT 51 I IMO Type I Portable Tanks. We are trying to ship UN3396,\nOrganometallic substance, solid, water-reactive, n.o.s., PG I in these containers.\nWhen you look at the Hazardous Materials List (HML) in 172.101 under the Proper Shipping Name and\nUN Number UN3396, PG 1: Organometallic substance, solid, water-reactive, n.o.s. and refer to Column 7\n(Special Provisions) for tanks T9 is given.\nWhen I looked in 172,101 (Special Provisions)(7)T Codes there are 2 T codes for T9. One states for\nbottom outlets Prohibited) the other T9 Code for bottom outlets states (Prohibited for liquids, See\n178.275 (d) (2).\nWhen you look in the HMR under 178.275 (d,) (2, it states: Bottom openings. Bottom discharge outlets\nfor portable tanks carrying certain solid, crystallizable or highly viscous hazardous materials must be\nequipped with at least two serially fitted and mutually independent shut-off devices. Use of only two\nshut-off devices is only authorized when this paragraph is referenced in the applicable T Code indicated\nfor each hazardous material in the 172.101 Table of this subchapter.\nThe design of the equipment must be to the satisfaction of the approval agency and must include:\n(i) An external stop-valve fitted as close to the shell as reasonably practicable; and\n(ii) A liquid tight closure at the end of the discharge pipe, which may be a bolted blank flange or a screw\ncap.\n(3) Except as provided in paragraph (d)(2) ofthis section, every bottom discharge outlet must be\nequipped with three serially fitted and mutually independent shut-off devices. The design of the\nequipment must include:\n(i) A self-closing internal stop-valve, which is a stop-valve within the shell or within a welded flange or\nits companion flange, such that:\n(A) The control devices for the operation of the valve are designed to prevent any unintended opening\nthrough impact or other inadvertent act;\n(B) The valve is operable from above or below;\n(C) If possible, the setting of the valve (open or closed) must be capable of being verified from the\nground;\n\n<<<PAGE 3>>>\n\n(D) Except for portable tanks having a capacity less than 1,000 liters (264.2 gallons), it must be possible\nto close the valve from an accessible position on the portable tank that is remote from the valve itself\nwithin 30 seconds of actuation; and\n(E) The valve must continue to be effective in the event of damage to the external device for controlling\nthe operation of the valve; ..\n(ii) An external stop-valve fitted as close to the shell as reasonably practicable;\n(iii) A liquid tight closure at the end ofthe discharge pipe, which may be a bolted blank flange or a screw\ncap; and\n(iv) For UN portable tanks, with bottom outlets, used for the transportation of liquid hazardous\nmaterials that are Class 3, PG I or 11, or PG Ill with a flash point of less than 100 oF (38 oq; Division 5.1, PG\nI or II; or Division 6.1, PG I or II, the remote means of closure must be capable of thermal activation. The\nthermal means of activation must activate at a temperature of not more than 250 oF (121 °C).\nMy questions are:\n1. Who approves the design? PHMSA\n2. Can the material be shipped in DOT 51 I IMO Type I Tanks without a special permit if it meets the\nrequirements of 178.275 (d), (2)?\nNote: I have found a similar type of material that is a solid PG I (Special Permit Number SP14751 with an\nissue date of 1 July 2011).\nrace\nSenior Global Dangerous Goods Transportation Specialist I CHMM I DGSA","truncated":false,"body_characters":5338}