{"operation":"document","citation":"18-0021","title":"TMC Engineering Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-05-17","effective_on":null,"summary":"18-0021 response to TMC Engineering Services, Inc. concerning 172.702, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/58701/180021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nMAY 1 7 2018\nMaterials Safety\nAdministration\nSteven Geneva\nDirector of Quality Assurance and Regulatory Compliance\nTMC Engineering Services, Inc.\n2335 Wadsworth Street\nHouston, TX 77015\nReference No. 18-0021\nDear Mr. Geneva:\nThis letter is in response to your February 20, 2018 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to function-specific\ntraining. Specifically, you provide a list of functions your employees perform and seek\nconfirmation of your understanding of the function-specific training requirements in the HMR.\nIn accordance with § 172.702 of the HMR, it is the hazmat employer's responsibility to ensure\nthat each of its hazmat employees is trained. This training must include general awareness,\nfunction-specific, safety, and security awareness training as specified in § 172.704(a).\nGenerally, this Office does not review individual training plans for compliance; however, the\ntraining program as described in your email appears to conform to the requirements of the HMR.\nFunction-specific training is specific to the function(s) for which the hazmat employee is\nresponsible. Please note that function-specific training includes training concerning the\nrequirements of special permits that are specifically applicable to the functions the employee\nperforms. See § 172.704(a)(2)(i). Training conducted to comply with the hazard communication\nprograms required by the Occupational Safety and Health Administration (29 CFR 1910.120) or\nthe Environmental Protection Agency (40 CFR 311.1) or training that complies with security\ntraining programs required by other Federal or international agencies may be used to satisfy the\ntraining requirements set forth in § 172.704 to the extent that such training addressed the training\ncomponents specified in § 172.704(a).\n\n<<<PAGE 2>>>\n\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexen Taster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nStevens\n5172.704(2)\nDodd, Alice (PHMSA)\nTraining\nFrom:\nINFOCNTR (PHMSA)\n18-0021\nSent:\nTo:\nTuesday, February 20, 2018 4:53 PM\nSubject:\nHazmat Interps\nFW: $172.704 (2) Function-specific training Interpretation Request\nHello all,\nPlease see below LOI request.\nRegards,\n-Breanna\nFrom: Steven Geneva [mailto:genevas@tmces.com]\nSent: Tuesday, February 20, 2018 2:18 PM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nCc: Andy Shoop <ashoop@tmces.com>; Mark Blissett <mblissett@tmces.com>\nSubject: $172.704 (2) Function-specific training Interpretation Request\nTo:\nStandards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration.\nAttn: PHH-10, U.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE., Washington, DC 20590-0001\nFrom:\nSteven Geneva, Director of Quality Assurance and Regulatory Compliance\nTMC Engineering Services, Inc.\n2335 Wadsworth Street, Houston, Texas 77015\nSubject:\nHAZMAT Function-Specific Training Request for Interpretation\nTitle 49: Transportation\nSubtitle B-Other Regulations Relating to Transportation\nChapter I-Pipeline and Hazardous Materials Safety Administration, Department of Transportation\nSubchapter C-Hazardous Materials Regulations\nPart 172— Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency\nResponse Information, Training Requirements, and Security Plans\nSubpart H-Training - §172.704 Training requirements\n§172.704 (2) Function-specific training\nBackground\nTMC is an active railroad tank car repair facility, the company is certified to the AAR M-1002 and M-1003 standards and\nhas a program compliant with federal regulations as identified within 49 CFR. TMC receives tank cars in two states: 1)\nthe car arrives in a \"clean\" state (no hazardous materials Present), with a certificate attesting to the fact the car was\ncleaned by a certified company prior to be delivered to TMC and 2) the car arrives with a hazardous material still in the\ntank, most of the time the car has been emptied leaving a hazardous material residue. The first stage of operation for\nthe 1s* state is for TMC to verify cleanliness and the physical preference of the cleaning certificate; The first stage of\n1\n\n<<<PAGE 4>>>\n\noperation for the 2nd state is for the car to go through our cleaning process. Once the cleaning process has finished, the\ncar no longer contains any residue of a hazardous material and is serviced in accordance with car owner, AAR, and\nfederal requirements.\nThis request is not in response to a known deficiency within our program or based upon a potential deficiency identified\nduring an external audit. This interpretation request is being sought as part of the company's continual quality\nimprovement (CQl) efforts. One of the key focus areas of our CQl program, is to ensure that we have \"source\ndefinitions\" clearly defined, and through analysis of those definitions, identify potential improvement opportunities. As\npart of our continuous improvement efforts, we are seeking a clear definition/interpretation of the term \"function-\nspecific training\", Please note, that the term is not specifically defined within 49CFR $171.8 Definitions and\nabbreviations.\nOur Current Understanding of the Federal Requirements\nWe have drawn our current understanding of \"function-specific training\" based on the requirements as defined within\n49CFR §172.704 (2) where \"each hazmat employee must be provided function-specific training concerning requirements\nof this subchapter\" or more specifically Subchapter C-Hazardous Materials Regulations—Parts 171 through 180.\nIn addition, we have also drawn upon information provided in PHMSA's \"What You Should Know: A Guide to Developing\na Hazardous Materials Training Program where it states on page 16, \"FUNCTION SPECIFIC: Provides hazmat employees a\ndetailed study of the requirements of the regulations applicable to the function(s) for which the person is responsible.\nTraining needs will depend on the company operations and the hazmat employee's responsibilities. Your responsibility is\nto identify the specific topics and extent to which topics are covered to meet your employees' needs. Examples of\nfunction specific topics are included in the Function Specific Training Checklist in the \"Understanding Status of Training\nEfforts\".\nThe sample checklist is broken down into several sections that directly correlate with requirements as defined in\nSubchapter C and provides an excellent example for organization involved in the packaging, marking, shipping, and\ntransportation of hazardous materials. For those types of organizations, the checklist is clear, easily understood and\nsimple to apply.\nUnfortunately for our organization, except for the inbound cleaning activity, no examples are provided within the\nguidance materials that identifies the extent of how function-specific training relates to the other functions we perform\nsuch as: repair, maintenance, inspection, test and qualification of a packaging which are included in the HAZMAT\nemployee definition. The table below defines TMC functions that correlate with the HAZMAT Employee definition - lime\nitem (ii).\nFunction-Specific Training Applicable to Functions Performed\nFunction\nPackage\nPackaging\nComponent\nFunction Performed\nDesign\nN/A *\nN/A **\nN/A *\nNo function(s) performed\nManufactures\nN/A **\nN/A *\nN/A **\nNo function(s) performed\nFabricates\nN/A *\nNo function(s) performed\nInspects\nApplicable\nNDT Inspections associated with Part 180-Continuing Qualification and\nMaintenance of Packagings\nTests\nN/A*\nApplicable\nNDT Tests associated with Part 180-Continuing Qualification and\nN/A *\nMaintenance of Packagings\nMarks\nApplicable\n***\nMarking or Label Replacement *** and the function where the Qualification\nMaintains\nN/A *\nDecal and other Markings are changed/revised per $180.515\nApplicable\nMaintenance activities include upkeep, preservation, and repair functions\nRepairs\nN/A *\nApplicable\nperformed in support of a tank car maintenance and qualification activities as\nReconditions\nN/A *\nApplicable\ndefined within Subpart F-Qualification and Maintenance of Tank Cars.\n2.\n\n<<<PAGE 5>>>\n\n* Not applicable based on package definition as defined in 49CFR §171.8 where the \"Package\" means a packaging plus its contents\nperform its containment function in conformance with the minimum \"packing\" requirements of this subchapter.\n(hazardous material) whereas \"Packaging\" means a receptacle and any other components or materials necessary for the receptacle to\nnecessary for the receptacle to perform its containment function.\n** Not applicable as TMC does not design, manufacture, or fabricate a \"Packaging\" receptacle and any other components or materials\n*** Applicable but limited to existing marking on a car detected during an inbound inspection where the marking or label would have\nthat provides contact information in the event of a chemical emergency.\nto be removed and replaced to perform a maintenance operation like painting a car. An example of this would be a Chemtrec Label\nAs functions like \"inspection, test, repair, etc.\" are extremely broad in nature, we want to ensure we have an accurate\ndefinition and interpretation of the HMR to establish the extent of what function-specific training as needed. For\ninstance, if we single out \"repair\" there are multiple activities or functions that are performed which include but are not\nlimited to the transportation of a part by a forklift, replacing a corroded bolt on a railing, painting over graffiti, inspecting\na wheel, replacing an air brake hose, or performing an ultra-sonic thickness test on a tank car tank. Some of these\nactivities are covered under a formal training program, like forklift driver training, while others are not, like painting over\ngraffiti.\nIn the case of performing an ultrasonic thickness test on a tank car as part of a qualification activity defined in 49CFR\n§180.507 Qualification of tank cars, one might assume that because you are actually qualifying a packaging for use in rail\nservice that extended function-specific training definition as defined in Subpart H-Training would apply, however NDT\n(Nondestructive Testing) has a set of specific requirements for training and certification that are defined within the\nAAR's Specifications for Tank Cars in Appendix T as well as requirements defined by the American Society for\nNondestructive Testing. Both programs require training to be conducted and approved by a certified NDT Level Ill with\nre-certification requirements different than the requirements as defined within HMR. With the ASNT training program in\nplace relevant training specific to the HMR that would not be redundant, or conflicting would appear to include training\nonly the requirements of the HMR specific to function being performed. The following is a list of the primary functions\nthe facility performs:\n1. Exposed to Hazardous Residue - function-specific training on how the cleaning operation is performed would be\npart of the HMR training program.\n1.1. Railcar Cleaner - cleans and removes residue from railcar, can be hazardous and non-hazardous materials\n2. Not Exposed to a hazardous Material or residue due to operations being performed post cleaning,\n2.1. Railcar Blaster - removes the interior and exterior coatings of railcars.\n2.2. Railcar Painter/Stencil/Lining - repaint interior and exterior of railcars, includes interior lining covered under\nNACE and SPSS industry requirements\n2.3. Railcar Repairperson - performs mechanical and weld repairs on railcars, weld repairs are covered under AAR\nMSRP CIII Appendix W and The American Welding Society's AWS D15.1\n2.4. Valve repairperson - removes and repairs Valves, Pressure Relief Valves and other tank car fittings and service\nequipment, OEM procedures are used for installation and refurbishment.\n2.5. NDT Inspection and Test Personnel - performs NDT activities on railcars, previously specified.\n2.6. QC Inspection Personnel - performs incoming, in-process, and final inspection of railcars, in accordance with\nAAR and Customer Requirements and procedures.\nAll these personnel are trained through a variety of means, some very specific as in an NDT Inspector (previously\ndetailed), some functions are trained by external consultant and agencies and some training is accomplished through an\ninternal apprenticeship type programs. This is not intended to be an exhaustive list but is intended to provide examples\nthat we have multiple training programs dependent upon the function being performed where requirements differ. It is\nalso important to note that we obviously have required training as it pertains to OSHA, EPA, state regulations, etc, that\npertains to specific operations such as painting or lining a railcar.\n3\n\n<<<PAGE 6>>>\n\nAs in the NDT Inspector example above, the functions listed below as listed in number 2, where any applicable\nrequirements as defined in the HMR would be part of the employees training but the specific on \"how\" an activity would\nbe performed would be covered under a separate training program with individual specific requirements.\nSpecific Interpretation Request\nPlease confirm our assumptions and provide any additional definitions, clarification or interpretation(s) of the federal\nrequirements as it pertains to the MR requirements regarding function-specific training. We appreciate your time and\nassistance in helping our company with its continuous improvement efforts.\nBest Regards,\nSteven Geneva | Director\nQuality Assurance and Regulatory Compliance\nTMC Engineering Services, Inc.\n2335 Wadsworth Street | Houston TX 77015\nP: (281) 452-1541 | C: (719) 569-2268 | E: genevas@tmces.com\n4","truncated":false,"body_characters":13844}