Public Utilities Commission of Ohio — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 MAR 0 3 20l/ Mr. Tom Forbes Public Utilities Commission of Ohio Transportation Department Field Supervisor Enforcement Division 180 East Broad Street Suite 412 Columbus, OH 43215 Reference No. 16-0056 Dear Mr. Forbes: This letter is in response to your April 8, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) applicable to the marking and shipping paper requirements for multi-compartment cargo tanks containing petroleum distillate fuels. Specifically, you state that a four-compartment DOT 406 cargo tank motor vehicle (CTMV) is used to carry "NA 1993, Diesel Fuel" and/or "UN 1203, Gasoline" for home delivery service. You further explain that the CTMV has two delivery hose reels, with each having the capacity to hold up to 20 gallons of residue product. In your letter, you describe a scenario in which the DOT 406 CTMV transports diesel fuel, or its residue, in all four of the compartments. In addition, one of the reels on the vehicle contains 20 gallons of diesel fuel, while the other reel contains 20 gallons of gasoline. We have paraphrased and answered your questions as follows: Q 1. You ask if the CTMV in the scenario described may display the "UN 1203" identification number since there is gasoline in one reel, or if it must display "NA 1993" since there is diesel fuel in the cargo tank compartments. A 1. The requirements to display the identification number are based on the contents of the authorized bulk packaging (see § 172.302). Since the cargo tank contains only diesel fuel, it must display the "NA 1993" identification number. Q2. You ask if a shipping paper is required for the gasoline in the reel since the capacity exceeds the Materials of Trade (MOTs) exception for Packing Group (PG) II flammables. A2. The answer is no. A hose for loading and unloading a DOT specification cargo tank is not designed to contain hazardous material during transportation, but rather to connect#

Page 2the authorized transport packaging to a discharging or receiving container. As it would be impractical to remove all traces of hazardous material residue from these hoses when the vehicles are in transit to deliver product, residue is permitted to remain within them. However, the residue must be removed to the fullest extent practical. Further, the MOTs exception is n9t applicable in this scenario because the CTMV does not meet one of the three criteria to be considered a MOT (i.e., the principal business is transportation by motor vehicle). I hope this information is helpful. Please contact us if we can be of further assistance . . 4t~~ ~ZJ Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) From: Sent: To: Subject: Geller, Shelby CTR (PHMSA) Monday, April 11, 2016 9:24 AM Hazmat Interps FW: HM Clarification Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. Mr. Forbes mailing address is: Public Utilities Commission -Transportation Department Attn: Tom Forbes 180 E. Broad St, STE 412 Columbus, OH 43215 Thanks, Shelby From: tom. forbes@puc.state.oh.us [mailto:tom.forbes@puc.state.oh. us] Sent: Friday, April 08, 2016 9:32 AM To: PHMSA HM InfoCenter Subject: HM Clarification Dear Sir or Madame: I am requesting a written interpretation/clarification on the transportation requirements under the Hazardous Materials Regulations (HMR 49 CFR Parts 171-180). The questions arose after Interpretation 14-0178 was published. A carrier is transporting diesel fuel NA 1993 in a 4 compartment home delivery cargo tank today. The home delivery cargo tank transports diesel fuel NA 1993 and/or gasoline UN1203 in different compartments at various times throughout the week. The cargo tank has 2 delivery reels attached to the rear. One reel is designated for diesel fuel delivery and the other reel is designated for gasoline delivery. Depending what they are delivering they use the designated reel. The reel has 100-150 feet of hose and can hold up to 20 gallons of product. Scenario: A 4 compartment DOT 406 cargo tank is transporting 1993 diesel fuel liquid or reside in all 4 compartments. One reel has 20 gallons of diesel fuel in it and the other reel has 20 gallons of gasoline. Q-1 Can the cargo tank display 1203 ID numbers since there is gasoline in one reel or must it display 1993 since that is what is in the bulk package? Q-2 Is a shipping paper required for the gasoline in the reel since the capacity exceeds the material of the trade exception for PG II flammables. Thank you for your assistance on this matter. Tom Forbes Public Utilities Commission of Ohio Transportation Department Field Supervisor Enforcement Division Cell (614) 519-2811#

Page 4Office (614) 644-0296 PUCO.ohio.gov l] Q This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it. 2#