Eastex Crude Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 JUL 1 8 ZOll Ms. Kathy Harris Safety Director Eastex Crude Company 10907 Ste Hwy 11 W Leesburg, TX 75451 Ref. No.: 13-0108 Dear Ms. Harris: This is in response to your letter requesting clarification of certain requirements under the Hazardous Materials Regulations (HMR; 49 CFR Part 171-180) applicable to the highway transportation of "High Gravity Condensate," in a cargo tank, classified as either "UN1267, Petroleum Crude Oil, Class 3, Packing Group IIII" or "UN1268, Petroleum Products, n.o.s (condensate), Class 3, Packing Group I/II." Your questions are paraphrased and answered below: Ql. What are the requirements to transport "High Gravity Condensate" in a cargo tank in TX, LA, OK, and NM? Al. The HMR apply to any person that transports or causes to be transported or shipped hazardous materials in interstate, intrastate, and foreign commerce, by all modes of transportation (i.e., highway, rail, air, and vessel). The HMR include requirements for packaging, marking, labeling, shipping paper documentation, emergency response information, placarding, and training. Q2. What placard is required for "High Gravity Consendate"? A2. A cargo tank containing a class 3, packing group I or II material, must display a FLAMMABLE placard as described in § 172.542. In addition, bulk packagings (e.g., cargo tanks) must display identification numbers on the placard in accordance with § 172.332(c) or on orange panels in accordance with§ 172.332(b). Q3. What are the driver training requirements to transport "High Gravity Condensate"? A3. The HMR require that the driver must receive hazardous materials training (see §§ 177.800(c) and 177.816). This training must include general awareness, function- specific, safety, and security awareness training as specified in § 172. 704( a) of the HMR, as well as driver training in the applicable requirements of Federal Motor Carrier Safety#

Page 2Regulations (FMCSR; 49 CFR parts 390 through 397) and the procedures necessary for the safe operation of that motor vehicle. Training conducted to satisfy compliance with the current Federal Motor Carrier Safety Administration (FMCSA) requirements for a Commercial Driver's License (CDL) with a tank vehicle or hazardous materials endorsement may be used to satisfy the training requirements set forth in§ 172.704 to the extent that such training addresses the training components specified in§ 172.704(a). Where this training does not satisfy the HMR, the employer or self-employed person performing these tasks must provide additional training that satisfies these requirements (see § 177.816(c) and (d)). In addition, CDLs and hazardous materials endorsements are regulated by FMCSA in accordance with 49 CFR Part 383. Questions regarding FMCSA regulations should be directed to the appropriate FMCSA field office. A list of FMCSA field offices and contact information is available at "http://www.fmcsa.dot.gov/about/contact/offices /displayfieldroster.aspx," or you may contact FMCSA at their headquarters offices in Washington, D.C., at (202) 366-6121. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincere! , {) L Delmer Billings ),.V Senior Regulatory Advisor Standards and Rulemaking Division#

Page 3Drakeford, Carol n PHMSA) From: Sent: To: Subject: Twitty, Gail (PHMSA) Tuesday, May 21,2013 3:02PM Drakeford, Carolyn (PHMSA) FW: Question From: Kathy Harris [mailto:kathy.harris@eastexcrude.com] Sent: Tuesday, May 21, 2013 2:43 PM To: Twitty, Gail (PHMSA) Subject: Question Ms. Gail, I'm not sure if you can help me but hopefully you can point me in the right direction to get answers. 1) What are the requirements to haul High Gravity Condensate in a pressurized trailer in TX, LA, OK andNM? 2) What placard is for High Gravity Condensate? 3) Do Driver's have to complete a special class/have training to haul High Gravity Condensate in? If so, what is the name of the class and where are the classes located? Thank you in advance for any help you can give me! Kathy Harris Safety Director Eastex Crude Company 1 0907 State Hwy 11 W Leesburg, TX 75451 Office: 903-856-2401 x 163 Cell: 903-285-2140 Fax: 903-856-5228 Email: kathy.harris@eastexcrude.com 1#