Railsback Hazmat Safety Professionals, LLC — Hazardous Materials Safety Interpretation

Page 10 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 SEP 2 7 2019 Rex Raiisback Railsback Hazrnat Safety Professionals, LLC 312 Lawrence Ave. Lawrence, KS 66049 Reference No. 19-0033 Dear Mr. Railsback: This letter is in response to your March 21, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Department of Transportation special permits (DOT-SP or SP). Specifically, you describe several scenarios pertaining to DOT-SP 8627 and DOT-SP 20705 and their use. We have paraphrased and answered your questions as follows: Q 1. You describe a scenario in which a carrier is transporting a "six-pack" consisting of six 60-gallon portable tanks or Intermediate Bulk Containers (IBCs), constructed and marked in accordance with DOT-SP 8627. One of the six tanks is filled with 60 gallons of a combustible liquid while the remaining five tanks are empty. You ask whether the "six- pack" and transport vehicle are subject to the HMR pertaining to the transportation of an IBC or portable tank. Al. A shipment using tanks marked with DOT-SP 8627 would be subject to the requirements of the SP. For the purposes of this SP, the group of specially designed 60-gallon tanks used under the terms of DOT-SP 8627 are considered "bulk" packagings. Therefore, the shipment would have to meet the HMR requirements for transporting the material in a bulk packaging. Please note that DOT-SP 8627 only authorizes the transportation of the hazardous materials listed in DOT-SP 8627 tanks. Q2. You describe a scenario in which a carrier is transporting a "six-pack" consisting of six 60-gallon portable tanks or IBCs, constructed in accordance with DOT-SP 8627 but either not marked with the SP number or the SP number is covered. Each of the six tanks is filled with 60 gallons of a combustible liquid, totaling 360 gallons. You ask whether the "six-pack" and transport vehicle are subject to the HMR due to the non-bulk combustible liquid exception provided in§ 173.IS0(t). A2. If the SP marking is removed or covered, the package is considered a non-bulk, non-specification package. If the manifold package is sealed off so that each 60-gallon#

Page 2Q3. A3. Q4. A4. Q5. A5. tank is an independent package, the shipment would be excepted from the HMR in accordance with§ 173.150(f)(2) provided the material is not a hazardous substance, a hazardous waste, or a marine pollutant. You describe a scenario in which a carrier is transporting one 50-gallon IBC, constructed and marked in accordance with DOT-SP 20705 and filled with 50 gallons of a combustible liquid. You ask whether the IBC and transport vehicle are subject to the HMR pertaining to the transportation of an IBC. A shipment using packagings marked with DOT-SP 20705 would be subject to the requirements ofthe SP. For the purposes of this SP, the specially designed 50-gallon tanks used under the terms of SP-20705 are considered "bulk" packagings. Therefore, the shipment would have to meet the HMR requirements for transporting the material in a bulk packaging. Please note that DOT-SP 20705 only authorizes the transportation of the hazardous materials listed in the SP in DOT-SP 20705 packagings. You describe a scenario in which a carrier is transporting 20 50-:-gallon IBCs, constructed in accordance with DOT-SP 20705 but either not marked with the SP number or the SP number is covered. Each IBC is filled with 50 gallons of a combustible liquid, totaling 1,000 gallons. You ask whether the IBC and transport vehicle are subject to the HMR due to the non-bulk combustible liquids exception in§ 173.150(f). If the SP marking is removed or covered, the package is considered a non-bulk, non-specification package. Therefore, the combustible liquid would be excepted from the HMR under§ 173.150(f)(2) provided the material is not a hazardous substance, a hazardous waste, or a marine pollutant. You describe a scenario in which a carrier is transporting 30 50-gallon UN specification lAl/X steel drums, marked in accordance with § 178.503. Each drum is filled with 50 gallons of a combustible liquid, totaling 1,500 gallons. You ask whether this shipment is subject to the HMR due to the non-bulk combustible liquid exception in§ 173.150(f). The shipment would be excepted from the HMR in accordance with§ 173.150(f)(2), provided the drums are filled with a combustible liquid and the material is not a hazardous substance, a hazardous waste, or a marine pollutant. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Thursday, March 21, 2019 11:54 AM Hazmat Interps FW: Request for letter of interpretation Hello Alice and lkeya, Below is a request for letter of interpretation. Breanna spoke with Andrew Eckenrode and Mike Nicks about this topic. Thanks, Jonathon, HMIC From: Rex Railsback [mailto:rex@hazmatgeek.com] Sent: Thursday, March 21, 2019 11:49 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: RE : Request for letter of interpretation Rex Railsback 312 Lawrence Ave, Lawrence, KS 66049 913-568-3001 Thanks Rex Railsback, HazMat Specialist 913-568-3001 rex@hazmatgeek.com www.hazmatgeek.com AAll:$llA,CX HAlMAT SAFETY PROFfS!ilONAts lLC s ♦ From: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Sent: Thursday, March 21, 2019 10:47 AM To: Rex Railsback <rex@hazmatgeek.com> Subject: RE: Request for letter of interpretation Dear Rex, We have received your request for a written letter of interpretation regarding the hazardous materials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at the following URL: h!!.P__J/ p h msa .dot.gov/regulations However, before we can submit your request for processing, please respond to this email with: 1#

Page 4• Full Name • Physical Mailing Address • Telephone Number Sincerely, Jonathon, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps From: Rex Railsback [mailto:rex@hazmatgeek.com ] Sent: Wednesday, March 20, 2019 12:15 PM To: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov> Cc: Rex Railsback <rex@hazmatgeek.com> Subject: Request for letter of interpretation I respectfully request a formal letter of interpretation to the below scenarios, reference my 03/19/2019 telephone conversations with PHMSA, regarding DOT-SP 8627, DOT-SP 20705 and PHMSA Interpretation 16-0004, to ensure my understanding of PHMSA's response to my previous questions, emailed on 03/06/2019 & 03/12/2019. Scenario #1. Per our phone conversation, it is my understanding that if a carrier is transporting one "six-pack" consisting of six 60 gallon tanks, constructed per DOT-SP 8627, marked with said SP number, with one of the six tanks filled with 60 gallons of a combustible liquid, and the remaining five tanks are empty, the "six-pack" and transport vehicle would be subject to all hazmat regulations pertaining to the transportation of an IBC. (f_9?(,,,J- ,d Scenario #2. Per our phone conversation, it is my understanding that if a carrier is transporting a "six-pack" consisting of six 60 gallon tanks, constructed per DOT-SP 8627, NOT marked with said SP number or the SP number is covered, with each of the six tanks filled with 60 gallons of a combustible liquid, totaling 360 gallons, the "six-pack" and transport vehicle would NOT be subject to the hazmat regulations, per the non-bulk combustible liquids exception found in 173.lS0(f). Scenario #3. Per our phone conversation, it is my understanding that if a carrier is transporting one 50 gallon tank, constructed per DOT-SP 20705, marked with said SP number, and filled with 50 gallons of a combustible liquid, the tank and transport vehicle would be subject to all hazmat regulations pertaining to the transportation of an IBC. Scenario #4. Per our phone conversation, it is my understanding that if a carrier is transporting twenty (20), 50 gallon tanks, constructed per DOT-SP 20705, NOT marked with said SP number or the SP number is covered, each tank filled with 50 gallons of a combustible liquid, totaling 1,000 gallons, the tank and transport vehicle would NOT be subject to the hazmat regulations, per the non-bulk combustible liquids exception found in 173.lS0(f). Scenario #5. Per our phone conversation, it is my understanding that if a carrier is transporting thirty (30), 50 gallon UN specification lAl/X steel drums, marked per 178.503, each filled with 50 gallons of a combustible liquid, totaling 1,500 gallons, the drums and transport vehicle would 'NOT be subject to the hazmat regulations, per the non-bulk combustible liquids exception found in 173.lS0(f). Thank you for your time and effort in this matter. Respectfully 2#

Page 5Rex Railsback, HazMat Specialist 913-568-3001 rex@hazmatgeek.com www.hazmatgeek.com RAII..S&A.Cl< .. AZMA't $AFETV PROFt$SIONA.t$1.lC 3#