Canyon State Oil — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration JUL 3 0 2014 Jason Delto EHS&S Manager Canyon State Oil 2640 N 31St. • St. Phoenix, AZ 85009 Reference No. 14-0033 Dear Mr. Delto: This is in response to your February 19, 2014 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the proper certification date for the pressure testing of portable tanks. Specifically, you ask if a 330 gallon portable tank without a current certification date for pressure testing under § 180.605(k) can be used to ship a non-hazardous material? The answer is no. Under § 171.2(g), no person may represent or offer a packaging as meeting the requirements of the HMR unless the packaging is maintained, marked, and retested in accordance with the applicable requirements of the HMR when transported in commerce. These requirements are applicable whether or not the packaging is used for the transportation of a hazardous material. Therefore, if the UN standard or DOT specification packaging used at your facility is not maintained in accordance with the HMR, we recommend you securely cover any identifying marks or specification plates representing it as such. I hope this satisfies your request. Sincerely, AenFaster T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Andrews Drakeford, Carolyn (PHMSA) 3180.605 (K) From: Sent: INFOCNTR (PHMSA) Subject: To: Drakeford, Carolyn (PHMSA Nednesday, February 19, 2014 2:06 PN Portable Tanks Attachments: FW: Poly Tote Letter of interpretation 14-0033 20140219_084745.jpg; 20140219_084849.jpg Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria From: Jason Delto [mailto:DeltoJ@scfuels.com] To: INFOCNTR (PHMSA) Sent: Wednesday, February 19, 2014 12:22 PM Subject: Poly Tote Letter of interpretation Dear sirs, Our company has recently received a violation in the State of Nevada for having 330 gallon poly totes without a proper certification date for pressure testing as required under CFR49 PT 180.605 (k) which states: - Inspection and test markings. (1) Each IM or UN portable tank must be English, with the date (month and durably and legibly marked, in year) of the last pressure test, the identification agency witnessing the test, when required, markings of the approval inspection. The marking must be and the date of the last visual plate, in letters and numerals of placed on or near the metal identification when on the metal identification plate, not less than 3mm (0.118 inches) high the portable tank. and 12 mm (0.47 inches) high when on We do not haul any product of a hazardous nature in these vessels. (please see included Pictures.) Therefore, we are looking for a "Letter Of Interpretation" that will notify the local state agencies of the HAZMAT product being hauled. exception for this and other regulations they believe might apply, and don't as a result of the lack of Please let me know if you have any questions that may help with our request. Thank you, Jason Delto EHS&S Manager - Southwest Region Canyon State Oil - SC Fuels 1#

Page 32640 N. 31$t . Ave • Phoenix AZ 85009 602.269.7981 Office 602.689.4635 Cell S@ FUELS 2#

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