AllTranstek, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 NOV 2 7 2018 David J. Ronzani Director, Railcar Regulatory Compliance AllTranstek, LLC 1101 W. 3pt Street, Suite 200 Downers Grove, IL 60515 Reference No. 18-0093 Dear Mr. Ronzani: · This letter is in response to your June 19, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to employee training requirements. Specifically, you ask whether an employee must be trained and tested on each leak test procedure they may use, or if being generally trained on comparable topics, such as the quality assurance program and procedures as outlined in§ 179.7(e), is sufficient. The HMR do not require any specific training curriculum; instead, training must.fulfill the requirements outlined in§ 172.704. If the hazmat employer determines that providing generic leak test training as part of the quality assurance program is sufficient to fulfill training requirements, more specific training is unnecessary to fulfill the employee's job function. Each hazmat employer has its own unique operational requirements. Therefore, it is the responsibility of a hazmat employer to determine the specific training needs of its hazmat employees based on the employee's specific job functions. It is also the responsibility of the hazmat employer to ensure and certify that each hazmat employee receives function-specific training concerning requirements of the HMR, which are specifically applicable to the functions the employee performs. See§ 172.704(a)(2). I hope this information is helpful. Please contact us if we can be of further assistance.#

Page 2January, lkeya CTR (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Subject: Wednesday, June 20, 2018 5:04 PM Hazmat Interps FW: Request Interpretation for 49 CFR 179.7(e} Hi lkeya, Thank you, Jodi Please submit the letter below for a letter of interpretation. Mr. Ronzani spoke with Breanna about his questions. From: Dave Ronzani [mailto:ronzani@Alltranstek.com] Sent: Tuesday, June 19, 2018 7:03 PM To: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov> Subject: Request Interpretation for 49 CFR 179.7(e) Hazardous Material Information Center, I would like to request an interpretation for 49 CFR 179.7(e). This paragraph states that "Each tank car facility shall train its employees ... on the program and procedures specified in paragraph (b) ... " In regards to the word "procedures" in this paragraph, does that mean that an employee must be trained and tested (per subpart H, 172) on every procedure that the employee may use in regards to paragraph (b)? For example, an employee that has been certified in the Leak Test nondestructive test method {ref. 179.7(b)(9}}, as a level II in Leak Testing meeting the requirements of AAR M-1002 Appendix T, has been trained and tested on a generic procedure which specifically evaluates the employee's ability to use a Leak Test procedure. That employee may be called upon to perform Leak Testing to a variety of tank car owners Leak Test procedures. Does the employee need to be trained and tested on each Leak Test procedure they may use? Or does being trained, tested, and certified on how to use a Leak Test procedure meet the training requirements specified in 179.7(e)? Thank You Dave David J. Ronzani Director, Railcar Regulatory Compliance AIITranstek, L.L.C. 1101 W. 31st Street, Suite 200 Downers Grove, Illinois 60515 Cell: 219-670-3401 Fax:630-689-9494 ronzani@alltranstek.com 1#