Odfjell — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 May 26, 2020 Pat Mentzel Odfjell 12211 Port Road Seabrook, TX 77586 Reference No. 19-0131 Dear Mr. Mentzel: This letter is in response to your December 4, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to valve requirements for International Organization for Standardization (ISO) containers or United Nations (UN) portable tanks. In your email, you provided two photographs depicting two different configurations for bottom discharge outlets for a UN portable tank with a valve and cap. • Photograph #1 illustrates a UN portable tank with a dry break fitting or coupling. • Photograph #2 illustrates a UN portable tank with a traditional external stop-valve. In your letter, you state that it is your understanding that a UN portable tank must have two valves and a cap for the bottom discharge to be in compliance with the portable tank outlet requirements in § 178.275(d)(3). Additionally, you ask whether the dry break fitting in photograph #1 conforms to the HMR. A fitting or coupling is an apparatus that allows for the connection of two or more pipes or hoses, and is not considered a “valve” meeting the requirements of the shut-off devices described in § 178.275(d)(3) of the HMR. A fitting/coupling does not contain a lever or any other external manner of activation independent from the act of connecting. However, a fitting/coupling would be acceptable to use if it contained an internal valve with an external means of operation, which met the requirements of § 178.275(d)(3)(ii). It is important to note that the fitting’s internal valve, having the ability to start/stop the flow of lading, would meet the HMR requirements and not the fitting itself. Also, this fitting/coupling would not be able to be removed as the shut-off devices would no longer be in series as required.#

Page 2Furthermore, photograph #1 appears to depict the bottom discharge outlet as containing a dry break fitting/coupling equipped with an internal valve and an external activation lever. If the fitting/coupling meets the requirements described above, this would then meet the requirement of § 178.275(d)(3)(ii) of the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3~c l q-013 I I I 78J75(dk) Dodd, Alice (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Thursday, December 05, 2019 3:34 PM Hazmat Interps FW: Letter of Interpretation Request FW: DOT Isa-Container Question?; Pat Mentzel Interp Request Notes.docx Hello Alice and lkeya, Below is a request for letter of interpretation. See attachment for notes. Thanks, Jonathon, HMIC From: Pat Mentzel [mailto :Pat.Mentzel@odfjell.com] Sent: Wednesday, December 4, 2019 10:39 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Pat Mentzel <Pat.Mentzel@odfjell.com> Subject: Letter of Interpretation Request I have been in contact with Johnathan a few weeks ago about this subject. I will need a formal response ~ack so that I can send to our customer regarding this issue. Attached you will an ema il explaining our issue and past correspondence. We have a customer sending us some Isa-Containers from overseas in the condition of picture 1 (1 valve, a dry break and a cap). It is my interpretation that they must be in condition 2 that has the 2 valves and a cap. There is push back from the customer saying that these are within DOT regs. They are saying that the dry break is considered a valve. Regs below. 1#

Page 4#1 #2 (i) The tank outlets conform to § 178.275(d)(3) of this subchapter; or (3) Except as provided in paragraph (d)(2) of this section, every bottom discharge outlet must be equipped with three serially fitted and mutually independent shut-off devices. The design of the equipment must include: (i) A self-closing internal stop-valve, which is a stop-valve within the shell or within a welded flange or its companion flange, such that: (A) The control devices for the operation of the valve are designed to prevent any unintended opening through impact or other inadvertent act; (8) The valve is operable from above or below; (C) If possible, the setting of the valve (open or closed) must be capable of being verified from the ground; (D) Except for portable tanks having a capacity less than 1,000 liters (264.2 gallons), it must be possible to close the valve from an accessible position on 2#

Page 5the portable tank that is remote from the valve itself within 30 seconds of actuation; and (E) The valve must continue to be effective in the event of damage to the external device for controlling the operation of the valve; (ii) An external stop-valve fitted as close to the shell as reasonably practicable; (iii) A liquid tight closure at the end of the discharge pipe, which may be a bolted blank flange or a screw cap; and (iv) For UN portable tanks, with bottom outlets, used for the transportation of liquid hazardous materia ls that are Class 3, PG I or II, or PG III with a flash point of less than 100 °F (38 °C); Division 5.1, PG I or II; or Division 6.1, PG I or II, the remote means of closure must be capable of thermal activation. The thermal means of activation must activate at a temperature of not more than 250 °F (121 0(). Thank you very much for looking into this matter and we await your formal response. Below is my contact info with business address. Pat Mentzel Facility Security Officer/ Terminal Support I Odfjell Terminals US Tel. +l 713 844 23 39 I M ob. +l 832 359 1557 Odfj ell Terminals US I 122 11 Port Road I Sea brook, Texas 77586 I USA Join us on Facebook I Linked In I Twitter I lnstagram I Odfjell.com 0 ODFJELL Odfjell Data Privacy & Protection Notice If you are not the intended rec1p1ent of this message please notify the sender and delete all copies, and you are not authorized to read pnnt, retain, copy distribute or use any part of such message This e-mail may contain personal data in text or attachments. You are obligated to process this personal data according with the EU General Data Protection Regulation (GDPR) 2016/679 Personal data should be processed only when there is a legal basis for doing so The data processor shall destroy all personal data with ending of the purpose and legal basis for processing, unless legislation imposed other. The data subject has the following rights. Right of transparency and information , Right of access Right of rectify Right to be forgotten and Right to restrict processing Transfer of personal data to a third country (outside EU/EEA) shall take place only if all provisions of GDPR apply in order to ensure that the level of protection of the data subject guaranteed The data processor has to inform Odfjell promptly about inability to comply to GDPR or any accidental or unauthorized access to personal data or breach of GDPR within 24 hours For further information and contact details, please see our Privacy and Data Protection policy 3#

Page 6Call the Info Center: *for help with use of the Hazardous Materials Regulations (49 CFR Parts 100-185); *for information concerning hazardous materials transportation and rulemakings; *to report violations of the HMR; *to receive recent copies of Federal Register publications or DOT special permits; *to request copies of training materials; *to request a formal letter of interpretation * To request a formal letter of interpretation or to mail your question, write to: Mr. Shane Kelley Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 https://www.phmsa.dot.gov/sta nda rds-ru lema ki ng/hazmat/haza rdo us-mate rials-info rmatio n-cente r Michael Horton Lead Investigator Ill Railroad Safety Inspector-Hazardous Materials Texas Department of Transportation 7600 Washington Avenue Houston, TX 77007 Cell: 512-971-3023 michael.horton@txdot.gov From: Pat Mentzel [mailto:Pat.Mentzel@odfjell.com] Sent: Tuesday, November 12, 2019 3:35 PM To: Michael Horton Cc: Pat Mentzel Subject: DOT Isa-Container Question? This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Michael, I have a question maybe you could answer or point me in the right direction. We have a customer sending us some Isa- Container from over seas in the condition of picture 1 (1 valve, a dry break and a cap) . It is my interpretation that they must be in condition 2 that has the 2 valves and a cap. There is push back from the customer saying that these are within DOT regs. They are saying that the dry break is considered a valve. Regs below. 2#

Page 7Dodd, Alice (PHMSA) From: Sent: To: Cc: Subject: Pat Mentzel < Pat.Mentzel@odfjell.com > Wednesday, November 13, 2019 10:47 AM INFOCNTR (PHMSA) Pat Mentzel FW: DOT !so-Container Question? Josh, Here is the info I was talking to you about. .__ ________ __,Dry break coupling, also known as dry disconnect coupling, is a fitting that offers advanced fluid handling solutions. They are used where accidental spillage of liquids is not acceptable due to health regulations and environmental concerns. Moreover, it is used when the value of liquids is too high to tolerate any spillage or loss. Dry disconnect couplings are easy to operate. You just open and close the valves using the handle on the device to control the flow of the liquid in the lines. The red handle part is what is on the end of our hose and the other part is what is on the !so-container. I need to know is okay per the regs. In the pictures below it also shows a cap on the end of the !so-container. I appreciate any recommendations you can give me. Thanks, Pat Mentzel From: Michael Horton <Michael.Horton@txdot.gov> Sent: Wednesday, November 13, 2019 6:11 AM To: Pat Mentzel <Pat.Mentzel@odfjell.com> Subject: RE : DOT !so-Container Question? Pat- Good morning. Your question is one that would need to be answered by PHMSA (Pipeline and Hazardous Materials Safety Administration) since they write and interpret the Hazardous Materials Regulations. It appears that your question will require an interpretation by PHMSA. Below is their contact information. Hazardous Materials Information Center 1-800-HMR-4922 1-800-467-4922 202-366-4488 infocntr@dot.gov Have a question about transporting hazardous materials? Need clarification on an entry in the Hazardous Materials Regulations? PHMSA's Hazmat Information Center provides live, one-on-one assistance Monday through Friday from 9 a.m. - 5 p.m.#