Bureau of Explosives, TTC, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 OCT 3 12012 Mr. Paul Draper Chief Inspector Bureau of Explosives, TTC, Inc .. 205 Kayla Lane Longview, TX 75602 Ref. No.: 12-0i83 Dear Mr. Draper: This responds to your August 19, 2012letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) applicable to petroleum sour crude oil in bulk packaging. You ask about a shipment of petroleum sour crude oil containing hydrogen sulfide (i.e., sour crude oil) in sufficient concentration that the vapors may present an inhalation hazard, thus requiring the material to be marked, labeled, tagged, or signed to warn of the toxic inhalation hazard as required by § 172.327. Specifically, you ask if the Pipeline and Hazardous Materials Administration (PHMSA) defines the term "sufficient concentration" for the purpose of determining whether the petroleum sour crude oil must be marked as an inhalation hazard. The answer is no. PHMSA does not establish a concentration level for hydrogen sulfide in petroleum sour crude oil in order to determine if the vapors are an inhalation hazard. To determine whether petroleum sour crude oil presents an inhalation hazard, it must be tested to determine if the material meets division 2.3 (gas poisonous by inhalation) as defined in § 173.115(c) of the HMR. If the vapors in the petroleum sour crude oil meet the definition of a division 2.3 material, you must follow the marking and labeling requirements of § 172.327. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carol From: Betts, Charles (PHMSA) Sent: To: Subject: Sunday, August 19, 2012 8:22PM Drakeford, Carolyn (PHMSA) Fw: "H2S" Concentration in Sour Crude Oil Carolyn- Please log and assign. Thanks -----Original Message----- From: '''-'""·'·"'-'"-'-"'<I"'=·-~--.-'""''"''-'~"""'·-'"" ~'-'··'·"''"-=·'"·'';,;"="---=-'"'"'-~·.:-'-·"""''-"""'·''·'·'-'" Sent: Sunday, August 19, 2012 09:51AM To: Betts, Charles (PHMSA) Subject: Fw: "H2S" Concentration in Sour Crude Oil Good morning Mr. Betts, I hope all is well with you. As noted below, industry and the Bureau of Explosives Inspectors would like a better understanding in regards to the the new regulation stated in 49 CFR Section 172.327. We would appreciate an official letter of interpretation (in regards to the intent of this requirement) so we can pass this information along to our customers who do ship petroleum sour crude. We would rather be pro-active with this new marking requirement, rather than waiting on an individual to be harmed by vapors that do meet the criteria of a PIH and the tank car not marked as stated. Thanks for your time. Paul Draper, Chief Inspector Bureau of Explosives, TIC, Inc. 205 Kayla Lane Longview, Texas 75602 Cell: 225-326-9065 -----Forwarded by Paul Draper/TIC/AARon 08/19/2012 08:40AM----- From: Sam Chapman/TIC/ AAR To: Paul Draper/TIC/AAR@AAR WASHINGTON Date: 08/18/2012 08:44 PM Subject:Fw: "H2S" Concentration in Sour Crude Oil From: To: Date: 08/08/2012 03:45 PM Subject:RE: "H2S" Concentration in Sour Crude Oil Paul, I apologize for the delay in getting back to you. Per your question below, the explanation that I have received from the chemists here in our office is that the vapors need to be tested in accordance with 49 CFR 173.115(c) in order to determine if the vapors meet the definition of poisonous by 1 ..#

Page 3inhalation. If the vapors meet this definition, then you must follow the requirements of 49 CFR 172.327. If you need an official letter of interpretation on DOT letterhead, please feel free to send a request to: Mr. Charles Betts Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue East Building, 2nd Floor Washington, DC 20590 Thanks, Cheryl Cheryl West Freeman, P.E. General Engineer U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety Engineering and Research Division, PHH-20 1200 New Jersey Avenue, SE Washington, DC 20590 (202)366-4545 -----Original Message----- From: ,-"- """"""-----'""'·'''-L'.'-''-'--'<'--"'" "-"-'•' "'·' :: .•. L,_,;'"'"-·-··c: ··'·'"': ·;c'""-~~ ,,_ Sent: Friday, July 20, 2012 9:06 PM To: Freeman, Cheryl (PHMSA) Cc: ''·'""--'·--·- ··":· Subject: "H2S" Concentration in Sour Crude Oil As we discussed at the Tank Car Committee meeting this week in Chicago, there is a concern in the chemical industry in regards to 49 CFR Section, which states; 172.327 Petroleum sour crude oil in bulk packaging. A bulk packaging used to transport petroleum crude oil containing hydrogen sulfide (i.e. sour crude oil) in sufficient concentration that vapors evolved from the crude oil may present an inhalation hazard must include a marking, label, tag, or sign to warn of the toxic hazard as follows: see (a), (b), & (c). The question that industry and the BOE needs answered is What would be considered to be "sufficient concentration"? We would appreciate your comments and advising of such. Thanks. Paul Draper, Chief Inspector Bureau of Explosives, TIC, Inc. 205 Kayla Lane Longview, Texas 75602 Cell: 225-326-9065 2 -·- --~-- -~----·---------·------------#