Maryland Department of Environment — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington. DC 20590 1200 New Jersey Avenue SE Pipeline and Hazardous Administration . Materials Safety JUN 2 5 2015 Mr. Michael Polinski Maryland Department of Environment 1800 Washington Blvd, Suite 105 Baltimore, MD 21230 Ref. No. 15-0078 Dear Mr. Polinski: This responds to your April 23, 2015 email requesting clarification of the marking requirements for a cargo tank under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You indicate that a cargo tank is marked with the company name on each side and the company name happens to contain the proper shipping name (PSN) of the material being transported. Each end is marked with "propane." Specifically, you ask whether use of the company name containing the PSN satisfies the requirement to mark a cargo tank transporting a Class 2 material with the PSN or an appropriate common name for the material under § 172.328(b). The answer is no. Section 172.328(b) states that each cargo tank transporting Class 2 material must be marked on each side and each end with the proper shipping name specified in the § 172.101 table or an appropriate common name of the material. In addition, § 172.304 marking requirements provide that markings must be located away from any other marking (such as advertising) that could substantially reduce its effectiveness (emphasis added). The scenario discussed is unique in that the required marking is part of another marking (i.e., advertising). Under this scenario, the "located away from" condition cannot be achieved. Therefore, it is the opinion of this Office that the company name marking cannot be used to satisfy the PSN marking even though the name may indeed contain the required PSN as part of the name. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Ciccarone $172.328 (b) Cargo Tanks Dodd, Alice (PHMSA) 15-0078 From: Geller, Shelby CTR (PHMSA) Sent: To: Thursday, April 23, 2015 4:27 PM Hazmat Interps Subject: FW: Interpretation of 172.328(b) Attachments: Propane Interp 4.22.2015.docx Dear Shante and Alice, Attached is a formal letter of interpretation. Mr. Polinski spoke with myself in regards to his question. Thanks, Shelby From: Micheal Polinski - MDE- [mailto:michael.polinski@maryland.gov] Sent: Thursday, April 23, 2015 9:36 AM To: INFOCNTR (PHMSA) Subject: Interpretation of 172.328(b) To whom it may concern I am requesting a formal letter of interpretation of Haz Mat Regulation 172.328(b) regarding the scenario and question described in the attachment of this email. My address is as follows: Maryland Dept of Environment 1800 Washington Blvd, ste 105 Baltimore MD, 21230 Phone #: 410-808-0571 Michael Polinski 1#

Page 3To whom it may concern Subject: Propane Marking on 331 Cargo Tanks I was presented with the following scenario regarding the marking requirements for gasses in 331 cargo tanks. Specifically dealing with Propane. Scenario: A truck tractor transport loaded with Liquefied Petroleum Gas that is marked with the company name: "Manning Propane" on three sides. (Left, Right, & Rear). The company had put the propane marking on the front side as required by 172.328(b). On the rear side the company put the company name and the word propane. The company is using the word propane that is associated with their company name "Manning Propane" as the marking for the left & right sides. The company did not put the propane marking on the left & right sides as they feel that they have met the requirements of 172.328(b) with the company name. Regulation: § 172.328 Cargo tanks. (b) Required markings: Gases. Except for certain nurse tanks which must be marked as specified in $173.315(m) of this subchapter, each cargo tank transporting a Class 2 material subject to this subchapter must be marked, in lettering no less than 50 mm (2.0 inches), on each side and each end with—(1) The proper shipping name specified for the gas in the § 172.101 table; or(2) An appropriate common name for the material (e.g., "Refrigerant Gas"). Question: Can the company "Manning Propane" use the company name on the sides of the cargo tank to meet the marking requirements for gases in cargo tanks as stated in 172.328(b)? A Formal Letter of Interpretation of 172.328(b) is requested so further confusion regarding this part of the regulations can be settled.#