Mr. Tom Alexander — 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 NOV J 8 20\3 Mr. Tom Alexander 5255 Virginia Avenue N01ih Charleston, South Carolina 29406-3615 Ref. No.: 13-0180 Dear Mr. Alexander: This responds to your August 27, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the placarding and marking of cargo tanks containing petroleum distillates. Specifically, your question pertains to a cargo tank equipped with two compartments. Compartment #1 contains "UN 1203, Gasoline"; Compartment #2 contains a residue of"NA 1993, Diesel fuel." You ask if the cargo tank should display both the "UN 1203" and "NA 1993" identification numbers when in transportation. Under§ 173.29 of the HMR, an empty packaging containing only the residue of a hazardous material shall be offered in transportation and transported in the same manner as when it previously contained a greater quantity of hazardous material. In addition, under § 172.3 36( c)( 5), identification numbers are not required for each of the different petroleum distillate fuels transported in a cargo tank if the identification number for the petroleum distillate fuel with the lowest flash point is displayed. Therefore, in your scenario, it would be permitted for the shipper to only display a placard for the petroleum distillate with the lowest flash point. I trust this satisfies your inquiry. Please contact us ifwe can be offmiher assistance. Sincerely, ,·y /1/<'l>~ ~z;&fr=- ----···· =--=-·--/ f./bU,r, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Subject: Wednesday, August 28, 2013 4:31 PM Drakeford, Carolyn (PHMSA) FW: Compartmentalized Trailer Placard interpretation Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria From: Tom Alexander [mailto:tom.alexander@mwv.com] Sent: Tuesday, August 27, 2013 3:52PM To: INFOCNTR (PHMSA) Subject: Compartmentalized Trailer Placard interpretation Good afternoon. Am in need of a DOT interpretation. We buy diesel fuel from a local distributor, who uses compartmentalized trailers. They haul gasoline in one of the compartments and diesel in one of the others. We're told they do not carry both compartments loaded at the same time, but after emptying the gasoline one, will go back to their terminal and load the diesel compartment for delivery to us. Thus the issue .... I understand that the gasoline compartment must carry the 1203 Flammable placard, as it is residue, but they are not placarding the diesel compartment as a 1993 Combustible. This is causing some concern at our facility on many fronts, as I believe they are misrepresenting the actual Hazard in the package. Also, the 1203 placards would not match the NA 1993, Combustible Liquid NOS paperwork. Emergency response would also be effected. Should they be carrying 2 different Placards on the Trailer in this case, 1203 and 1993 ? How would we know if they showed up with 1203 only, that they may be introducing gasoline to a our diesel storage tank? 172.336 outlines a few different scenarios on Identification number requirements but would like to get your input. Thanks and please let me know if there are any questions or facts that I can further provide Tom Alexander 843-740-4427 This electronic message contains information from MeadWestvaco Corporation or subsidiary companies, which may be confidential, privileged or otherwise protected from disclosure. The information is intended to be used solely by the recipient(s) named. If you are not an intended recipient, be aware that any review, disclosure, copying, distribution or use of this transmission or its contents is prohibited .. If you have received this transmission in error, please notify MeadWestvaco immediately at postmaster@mwv.com. 1#