# Total Petrochemicals & Refining USA, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 12-0237
- **title:** Total Petrochemicals & Refining USA, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2012-12-14
- **effective on:** Not available
- **summary:** 12-0237 response to Total Petrochemicals & Refining USA, Inc. concerning 171.1, 171.16.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0237.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0237.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0237
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120237.pdf
**body:**

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U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
DEC 1 ··~ 20r!
Ms. Karen Scheel
Total Petrochemicals & Refining USA, Inc.
1201 Louisiana St. Ste. 1800
Houston, TX 77002
Ref No.: 12-0237
Dear Ms. Scheel:
This is a response to your October 22, 2012 email requesting clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 100-185) applicable to incident reporting.
Specifically, you describe a spill of approximately 3 gallons of Sulfuric Acid that occurred
during the unloading of a DOT 407 specification cargo tank motor vehicle. You indicate
that in this scenario, the carrier was still present and was working jointly with the consignee
to unload the material using a consignee-owned unloading line. Based on this scenario you
ask; if the product is still considered in transportation and who is responsible for completing
the Hazardous Materials Incident Report on DOT Form F 5800.1, as required by § 171.16.
As required in§ 171.16, each person in physical possession of a hazardous material at the
time an incident specified in § 171.16 occurs during transportation (including loading,
unloading, and temporary storage) must submit a Hazardous Materials Incident Report on
DOT Form F 5800.1 within 30 days of discovery of the incident. According to§ 171.1(c),
transportation begins when a carrier takes physical possession of a hazardous material for
the purposes of transporting it and continues until the hazardous material is delivered to the
destination indicated on a shipping paper, package marking, or other medium. Furthermore,
§ 171.1( c)(3) explains that transportation of a hazardous material in commerce includes
"emptying a hazardous material from the bulk packaging after the hazardous material has
been delivered to the consignee when performed by carrier personnel or in the presence of
carrier personnel."
In the scenario you describe, the material is considered to be in transportation and in the
possession of the carrier until delivery to the consignee is complete. Incidents that occur
while the carrier that delivered the hazardous material is observing or participating in
unloading operations must be reported by the carrier because the carrier is deemed to be in

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possession of the hazardous material at that point. In the scenario you provide, the carrier
must complete and submit a DOT incident report. However, the HMR does not prohibit the
consignee from completing and submitting the incident report.
I hope this information is helpful. If you have any more questions, please do not hesitate to
contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division

<<<PAGE 3>>>

Drakeford, Carolyn (PHMSA)
From:
Sent:
To:
Subject:
INFOCNTR (PHMSA)
Tuesday, October 23, 2012 10:05 AM
Drakeford, Carolyn (PHMSA)
FW: Hazardous Material Incident Reporting Requirements
6«.-cha./6
Ql71· l(p
§ J71 . 8
:It!cid-enf f?rrfV:J
12-0237
Hi Carolyn,
Thanks,
Victoria
We received the following request for a formal letter of interpretation.
From: Karen SCHEEL [mailto:karen.scheel@total.coml
Sent: Monday, October 22, 2012 12:06 PM
To: INFOCNTR (PHMSA)
Subject: Hazardous Material Incident Reporting Requirements
I am writing to request clarification ofthe Hazardous Material Incident Reporting requirements.
While unloading hazardous material (sulfuric acid) from a bulk packaging (truck), a leak occurred on a consignee~owned
unloading line. The driver was present and participated in the unloading process along with consignee personnel. The line
was located between the delivering truck and the consignee tank, to which the sulfuric acid was being unloaded.
Approximately 3 gallons sulfuric acid were spilled to containment. There were no injuries or exposures.
According to 49CFR171.8, "Unloading Incidental to Movement" means " . .for a bulk packaging, emptying a hazardous
material from the bulk packaging after the hazardous material has been delivered to the consignee when performed by
carrier personnel or in the presence of carrier personnel...."
49CFR171.6(a) states that "each person in physical possession of a hazardous material. .. must submit a Hazardous
Materials Incident Report on DOT Form F 5800.1"
Because the carrier was still present <;md obsE;rving or participating in the unloa ing, it appears that he was still in
possession of the material. Howevei, because the unloading line belonged to us the consignee facility, it caused us to
look further into the regulation to d~termine whether it made sense for the ca ier to report a leak on our facility
unloading line. '-\., ' ~
""---
.. ,, /,_,,./
In addition, on the form "Instructions for CompTettng~.Wa«tt=Getts-Materials Incident Report -Department of
Transportation Form F 5800.1", in the section titled "Who Must Complete the Report" it is stated: "Any person in
possession of a hazardous material during transportation, including loading, unloading and storage incidental to
transportation must report to the Department of Transportation (DOT) if certain conditions are met. This means that
when the conditions apply for completing the report, the entity having physical control of the shipment is responsible for
filling out and filing form 5800.1. For example, if a shipper is carrying hazardous material and the material is in the process
of being unloaded by the consignee and there is an incident involving this material, the consignee is responsible for filling
out and filing the form".
If a consignee and carrier are jointly working together to complete the unloading, and the product has moved into the
consignee-owned unloading line, 1) is the product still in transportation? and 2) If applicable, should the carrier be
expected to file a 5800 report for an incident involving the consignee-owned unloading equipment, or should the
consignee make the report?
I appreciate your assistance in clarification of this requirement.
1

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Thank you,
Karen
Karen Scheel
Sr. HSE Coordinator- Transportation and Product Safety
Total Petrochemicals & Refining USA, Inc.
1201 Louisiana St. Ste. 1800
Houston, TX 77002
Work: {713) 483-5048
Mobile: (713) 569-1078
Fax: (713) 483-5050
Karen.Scheel@total.com
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