{"operation":"document","citation":"14-0215","title":"U.S. Environmental Protection Agency — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-01-05","effective_on":null,"summary":"14-0215 response to U.S. Environmental Protection Agency concerning 171.8, 173.24, 173.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0215.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0215.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0215","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/140215.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJAN 0 5 2016\nMs. Nancy Fitz\nOffice of Pesticide Programs (7506P)\nU.S. Environmental Protection Agency\n1200 Pennsylvania Avenue, NW\nWashington, DC 20460\nReference No. 14-0215\nDear Ms. Fitz:\nThis is in response to your e-mails and telephone conversations with members of my staff in\nwhich you requested clarification of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) applicable to drum and ball-shaped tanks attached to trailers. Specifically, you\nask if these tanks may be used to deliver liquid pesticides to farmers and if they are non-\nspecification tanks under the HMR.\nIn your letter, you included photographs and descriptions of several bulk ball and drum tanks\nattached to trailers, which we have summarized in the table below, and information on their\nsize and capacity.\nTank Type\nBall Tank 1\nCapacity\nDiameter\nBall Tank 2\n1085 gallons\n84 inches\nLength/Width/Height\nPressurized\n500 gallons\n60 inches\nNo\nSuper Flyer (Drum)\nSuper Drum\n300 gallons\n300 gallons\nNo\n60\"L x 39\"W x 37\"H\n50\"L x 45\"W x 45\"H\nNo\nHelena Tank 1 (Drum)\nHelena Tank 3 (Drum)\nHelena Tank 2 (Ball)\n500 gallons\nNo\n1000 gallons\n77 inches\n90 ¼*L x 77/8\"W\n73 ¼'L x 49 ¼\"W x 51 %*H\nNo\n1085 gallons\n300 gallons\nNo\nHelena Tank 4 (Ball)\n530 gallons\n81 inches\n90 inches\nMaybe 72\"L × 36\" W\nNo\n170'L x 90\"W x 106\"H (w/ trailer)\nNo\nHelena Tank 5 (Ball)\n120\"L x 81\"W × 92\"H (w/ trailer)\nNo\nYou also provided a website link to safety data sheets (SDS) from several companies for\n\"Atrazine 4L.\" You described this material as a typical herbicide product transported in the\nabove-described tanks and drums. These SDS's described Atrazine 4L, depending on\nchemical composition, as being non-hazardous when shipped in non-bulk packages by\nhighway, not regulated in any mode of transportation, and a possible hazardous substance if\nethylene glycol in the mixture exceeds quantity of 5,000 pounds per package. The SDS also\nstates this material is slightly toxic to fish and invertebrates, very toxic to aquatic life with\nlong lasting effects, and as possibly meeting the definition of a marine pollutant. In addition,\nthe SDS states Atrazine 4L is regulated as \"NA 3082, Environmentally hazardous substance,\nliquid, n.o.s. (Atrazine), 9 (miscellaneous), Packing Group (PG) III\" when transported by rail\n\n<<<PAGE 2>>>\n\nand when transported by vessel, and as \"UN 3082, Environmentally hazardous substance,\nliquid, n.o.s. (Atrazine), Marine Pollutant,9, PG III\" when transported by aircraft. The SDS's\nalso described Atrazine 4L as not being an Environmental Protection Agency (EPA) listed\nwaste or as having an EPA Resource Conservation and Recovery Act characteristic.\nFurther, you state the containers you described also transport petroleum-derived spray-oil,\nagricultural crop protectants with the following product names, for which you also supplied\nSDS's: 440 Superior Spray Oil, Citri-Oil, Hort Oil 98-2, Ortho Volck Supreme Spray,\nSuperior Spray Oil, Supreme Oil, and Volck Supreme Spray. You further state none of these\nmaterials you described are classified as a Department of Transportation (DOT) hazardous\nmaterial. In addition, you enclosed an article entitled \"Petroleum-derived spray oils:\nchemistry, history, refining, and formulation,\" written by Arthur M. Agnello, Department of\nEntomology, Cornell University, New York State Agricultural Experiment Station Geneva,\nNew York 14456, for the book entitled \"Spray oils beyond 2000: Sustainable pest and disease\nmanagement: Proceedings of a conference held from 25 to 29 October 1999 in Sydney, New\nSouth Wales, Australia.\" Your questions are paraphrased and addressed below.\nQ1. Are these trailer tanks considered portable tanks under the HMR?\nAl.\nThe information and photographs you supplied did not provide enough information to\nanswer this question. However, based on the information you did provide, some of the\ncontainers appear to be permanently attached to their trailers while others do not. It is\nthe opinion of this Office that the tanks you describe that are not permanently attached\nto their trailers may meet the definition of a non-DOT specification portable tank. The\nHMR define a portable tank in part as a bulk packaging designed primarily to be\nloaded onto, or on, or temporarily attached to a transport vehicle or ship and equipped\nwith skids, mountings, or accessories to facilitate handling of the tank by mechanical\nmeans (see § 171.8). The requirements of a DOT specification portable tank are\nreferenced in 49 CFR Part 178, Subpart H.\nIt is also the opinion of this Office that the tanks you describe that are permanently\nattached to their trailers may meet the definition of a non-DOT specification cargo\ntank or cargo tank motor vehicle. The HMR define a cargo tank in part as a bulk\npackaging intended primarily for the carriage of liquids or gases and includes\nappurtenances, reinforcements, fittings, and closures and is permanently attached to or\nforms a part of a motor vehicle, or is not permanently attached to a motor vehicle but\nwhich, by reason of its size, construction or attachment to a motor vehicle is loaded or\nunloaded without being removed from the motor vehicle (see § 171.8). The\nrequirements of a DOT specification cargo tank motor vehicle are referenced in 49\nCFR Part 178, Subpart J\nFurther, it is the opinion of this Office that the drums you describe are non-\nspecification bulk packagings that must comply with 49 CFR Part 173, Subparts A and\nB, when used to transport hazardous materials in commerce. Materials that do not\nmeet the definition of a hazardous material in § 171.8 are not subject to the HMR and,\n2\n\n<<<PAGE 3>>>\n\ntherefore, are not required to be placed in HMR-authorized packagings when\ntransported in commerce.\nQ2.\nAre these non-DOT specification tanks suitable for the transport of liquids?\nA2. As stated earlier, the information and photographs you supplied did not provide\nenough information to answer this question. However, the HMR require all bulk\npackagings that transport hazardous materials in commerce to comply with the\npackaging requirements in 49 CFR Part 173, Subparts A and B, and specifically\n§ 173.24 for all packagings and § 173.24b for bulk packagings. Non-specification\nportable and cargo tanks must also comply with applicable HMR requirements for the\nmaterials they transport. See also § 173.5; 49 CFR Part 180, Subpart E, \"Qualification\nand Maintenance of Cargo Tanks\"; and 49 CFR Part 180, Subpart G, \"Qualification\nand Maintenance of Portable Tanks.\" Please note that cargo tanks built to an\nAmerican Society of Mechanical Engineers (ASME) specification not incorporated by\nreference in the HMR are not authorized packagings, and cannot be used to transport\nhazardous materials unless approved under the terms of a special permit.\nQ3.\nIf these trailer tanks are bulk packagings that do not meet Packing Group III\nperformance standard requirements for intermediate bulk containers, can they be used\nto transport pesticides that are not hazardous materials?\nA3.\nYes. Pesticides that do not meet the definition of a hazardous material are not subject\nto the HMR. Therefore, the packaging provisions in our regulations do not apply.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\nEdmonson\n173.315 (m)\nGoodall, Shante CTR (PHMSA)\nFrom:\nCiccarone, Michael CTR (PHMSA)\n14-0215\nSent:\nTuesday, November 04, 2014 3:55 PM\nTo:\nHazmat Interps\nSubject:\nFW: Questions about tanks used in agriculture\nShante/Alice,\nI don't see request in the interps database and Ms. Fitz recently called to check on its status. Can you look into this?\nThanks,\nMike\nFrom: Ciccarone, Michael CTR (PHMSA)\nTo: Hazmat Interps\nSent: Wednesday, September 24, 2014 2:51 PM\nSubject: FW: Questions about tanks used in agriculture\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Nancy spoke with Shelby and I.\nThanks,\nMike\nFrom: Fitz, Nancy [mailto:Fitz.Nancy@epa.gov]\nTo: PHMSA HM InfoCenter\nSent: Wednesday, September 24, 2014 1:35 PM\nSubject: FW: Questions about tanks used in agriculture\nHello,\nFirst, I would like to thank to Shelby and Mike at the Hazardous Materials Information Center for their prompt responses\nand helpfulness today.\nSecond, I would like to request a letter of interpretation regarding my questions below. My mailing address is:\nNancy Fitz\nU.S. Environmental Protection Agency\nOffice of Pesticide Programs (7506P)\n1200 Pennsylvania Ave., NW\nWashington, DC 20460\nPlease call or email if you have any questions or need additional information.\nNancy Fitz\nOffice of Pesticide Programs\n1\n\n<<<PAGE 5>>>\n\nU.S. Environmental Protection Agency\nphone: 703-305-7385\nemail: fitz.nancy@epa.gov\nweb site: http://www.epa.gov/pesticides/regulating/containers.htm\nFrom: Fitz, Nancy\nSent: Wednesday, September 24, 2014 10:39 AM\nTo: 'phmsa.hm-infocenter@dot.gov'\nSubject: Questions about tanks used in agriculture\nHello,\nI work for the Office of Pesticide Programs in the U.S. Environmental Protection Agency and I have several questions\nrelated to our regulations on pesticide containers.\nThe questions relate to the following two types of \"trailer tanks\" which a company wants to use to deliver pesticides to\nfarmers. The first photo shows an example of what the company calls \"ball tanks\" where the ball part is plastic and the\nrest (white) is metal. The second photo shows an example of what the company calls \"Super drums\" which are all metal.\nMy questions are:\n1. Are these \"trailer tanks\" considered to be portable tanks under DOT's regulations?\n2. If so, are they \"non-DOT Specification portable tanks suitable for the transport of liquids\"?\n\n<<<PAGE 6>>>\n\nBackground Information\nEPA has determined that these tanks are considered refillable containers under EPA's pesticide container regulations\nand therefore are subject to the refillable container and repackaging requirements in 40 CFR Part 165. EPA's pesticide\ncontainer regulations include an exemption for transport vehicles in §165.43(h)(1) and §165.63(h)(1). However, we do\nnot think that these \"trailer tanks\" fit under our definition of transport vehicle in §165.3, which is \"Transport vehicle\nmeans a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the\ntransport of cargo by any mode.\"\nFor pesticides that are not DOT hazardous materials, EPA's refillable container regulations require the containers to\nmeet certain DOT packaging requirements that we refer to and adopt in our regulations. (See below for the reg text\nfrom 40 CFR 165.45(a).) The DOT regulations in 49 CFR 173.241(c), which are incorporated in EPA's container\nregulations, authorize the use of \"non-DOT Specification portable tanks suitable for the transport of liquids.\" EPA's\nregulations also refer to and adopt the DOT packing group Ill requirements for nonbulk packagings and for intermediate\nbulk containers.\nSince these \"trailer tanks\" are not nonbulk packagings and do not meet the packing group Ill requirements for\nintermediate bulk containers, the company would like to know if the \"trailer tanks\" are \"non-DOT Specification portable\ntanks suitable for the transport of liquids\" and therefore could be used to transport pesticides that are not DOT\nhazardous materials.\nEPA regulatory text\n40 CFR 165.45 Refillable container standards.\n(a) What Department of Transportation (DOT) standards do my refillable containers have to meet under this part if my\npesticide product is not a DOT hazardous material?\n(1) A pesticide product that does not meet the definition of a hazardous material in 49 CFR 171.8 must be packaged in\na refillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR\n173.4, 173.5, 173.6, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 173.240(c), 173.240(d), 173.241(c),\n173.241(d), Part 178, and Part 180 that are applicable to a Packing Group III material, or, if subject to a special permit,\n3\n\n<<<PAGE 7>>>\n\naccording to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the\npesticide product as it is packaged for transportation in commerce.\n(2) A refiller is not required to comply with 49 CFR 173.28(b)(2) for pesticide products that are not DOT hazardous\nmaterials if the refillable container to be reused complies with the refillable container regulations in this subpart and the\nretilling is done in compliance with the repackaging regulations in Subpart D of this part.\nPlease let me know if you have any questions or need additional information. Thank you in advance for your help.\nNancy Fitz\nOffice of Pesticide Programs\nU.S. Environmental Protection Agency\nphone: 703-305-7385\nemail: fitz.nancy@epa.gov\nweb site: http://www.epa.gov/pesticides/regulating/containers.htm","truncated":false,"body_characters":13018}