National Association of Chemical Distributors — 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 DEC 0 3 2013 Ms. Jennifer Gibson Vice President, Regulatory Affairs National Association of Chemical Distributors 1555 Wilson Boulevard, Suite 700 Arlington, VA 22209 Ref. No. 13-0167 Dear Ms. Gibson: This responds to your August 13, 2013letter asking if an IBC with its specification markings obscured, permanently attached to a motor vehicle, meets the definition of a non- specification cargo tank specified in § 171.8 and, therefore, may be discharged while still on the motor vehicle under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). The answer is no. A cargo tank is defined in§ 171.8 as "a bulk packaging that: (1) Is a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and closures; (2) Is permanently attached to or forms a part of a motor vehicle, or is not permanently attached to a motor vehicle but which, by reason of its size, construction or attachment to a motor vehicle is loaded or unloaded without being removed from the motor vehicle; and (3) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank car tanks, portable tanks, ·or tank cars." While a specification IBC with its markings permanently obscured, attached to a motor vehicle, would be considered a non-specification bulk packaging, it would not meet the definition of a cargo tank, as that IBC was originally fabricated under the specification for IBCs and must be removed from the motor vehicle prior to discharging under the requirements of the HMR, or such activity would require a Special permit. PHMSA may consider clarifying the HMR in this respect in a future rulemaking. I hope this information is helpful. If you have further questions, please contact this office. Sincerely, )d)b~ irector, Standards and Rulemaking Division#

Page 2National Association of Chemical Distributors August 12, 2013 Mr. Charles Betts Director, Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey Avenue, S.E. Washington, DC 20590-001 via e-mail: Charles.betts@dot.gov Dear Charles, On behalf of the members of the National Association of Chemical Distributors (NACO), I am requesting a formal interpretation letter regarding the need for a DOT Special Permit, specifically SP-12412, when unloading a Class 8, Packing Group Ill hazardous material from an intermediate bulk container (IBC) that is attached to a vehicle. The PHMSA Southern Region office has indicated to us that SP-12412 is not needed for the unloading of Class 8, Packing Group Ill hazardous materials from IBCs because of an exception in the regulations in 49 CFR 173.241 for bulk packaging that allows the use of non-specification cargo tanks and the fact that IBCs attached to trucks can be considered as non-specification tanks. The PHMSA office further indicated that this exception only applies to non-specification IBCs and that if a shipper obtains a specification IBC, the UN# must be covered up in order for the delivery to be made without SP-12412. The explanation from the investigator in PHMSA's Southern Region office is attached to this letter as Appendix A. NACO requests a formal interpretation of this information from PHMSA headquarters to ensure consistent reading and enforcement of these regulatory provisions across all PHMSA regions. Thank you for your assistance.#

Page 3Sincerely, Jennifer C. Gibson Vice President, Regulatory Affairs jgibson@nacd.com (571}482-3047- direct (703)527-6223- NACO cc: John Heneghan, Director, PHMSA Southern Region#