{"operation":"document","citation":"19-0131","title":"Odfjell — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-26","effective_on":null,"summary":"19-0131 response to Odfjell concerning 178.275.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0131.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0131.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0131","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74006/190131.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 26, 2020\nPat Mentzel\nOdfjell\n12211 Port Road\nSeabrook, TX 77586\nReference No. 19-0131\nDear Mr. Mentzel:\nThis letter is in response to your December 4, 2019, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to valve\nrequirements for International Organization for Standardization (ISO) containers or United\nNations (UN) portable tanks. In your email, you provided two photographs depicting two\ndifferent configurations for bottom discharge outlets for a UN portable tank with a valve and cap.\n• Photograph #1 illustrates a UN portable tank with a dry break fitting or coupling.\n• Photograph #2 illustrates a UN portable tank with a traditional external stop-valve.\nIn your letter, you state that it is your understanding that a UN portable tank must have two\nvalves and a cap for the bottom discharge to be in compliance with the portable tank outlet\nrequirements in § 178.275(d)(3). Additionally, you ask whether the dry break fitting in\nphotograph #1 conforms to the HMR.\nA fitting or coupling is an apparatus that allows for the connection of two or more pipes or hoses,\nand is not considered a “valve” meeting the requirements of the shut-off devices described in\n§ 178.275(d)(3) of the HMR. A fitting/coupling does not contain a lever or any other external\nmanner of activation independent from the act of connecting. However, a fitting/coupling would\nbe acceptable to use if it contained an internal valve with an external means of operation, which\nmet the requirements of § 178.275(d)(3)(ii). It is important to note that the fitting’s internal\nvalve, having the ability to start/stop the flow of lading, would meet the HMR requirements and\nnot the fitting itself. Also, this fitting/coupling would not be able to be removed as the shut-off\ndevices would no longer be in series as required.\n\n<<<PAGE 2>>>\n\nFurthermore, photograph #1 appears to depict the bottom discharge outlet as containing a dry\nbreak fitting/coupling equipped with an internal valve and an external activation lever. If the\nfitting/coupling meets the requirements described above, this would then meet the requirement of\n§ 178.275(d)(3)(ii) of the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n~c\nl q-013 I\nI I 78J75(dk)\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments: INFOCNTR (PHMSA)\nThursday, December 05, 2019 3:34 PM\nHazmat Interps\nFW: Letter of Interpretation Request\nFW: DOT Isa-Container Question?; Pat Mentzel Interp Request Notes.docx\nHello Alice and lkeya,\nBelow is a request for letter of interpretation. See attachment for notes.\nThanks,\nJonathon, HMIC\nFrom: Pat Mentzel [mailto :Pat.Mentzel@odfjell.com]\nSent: Wednesday, December 4, 2019 10:39 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Pat Mentzel <Pat.Mentzel@odfjell.com>\nSubject: Letter of Interpretation Request\nI have been in contact with Johnathan a few weeks ago about this subject. I will need a formal response ~ack so that I\ncan send to our customer regarding this issue.\nAttached you will an ema il explaining our issue and past correspondence.\nWe have a customer sending us some Isa-Containers from overseas in the condition of picture 1 (1 valve, a dry break\nand 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\nfrom the customer saying that these are within DOT regs. They are saying that the dry break is considered a valve. Regs\nbelow.\n1\n\n<<<PAGE 4>>>\n\n#1\n#2\n(i) The tank outlets conform to § 178.275(d)(3) of this subchapter; or\n(3) Except as provided in paragraph (d)(2) of this section, every bottom\ndischarge outlet must be equipped with three serially fitted and mutually independent\nshut-off devices. The design of the equipment must include:\n(i) A self-closing internal stop-valve, which is a stop-valve within the shell or within\na welded flange or its companion flange, such that:\n(A) The control devices for the operation of the valve are designed to prevent any\nunintended opening through impact or other inadvertent act;\n(8) The valve is operable from above or below;\n(C) If possible, the setting of the valve (open or closed) must be capable of being\nverified from the ground;\n(D) Except for portable tanks having a capacity less than 1,000 liters (264.2\ngallons), it must be possible to close the valve from an accessible position on\n2\n\n<<<PAGE 5>>>\n\nthe portable tank that is remote from the valve itself within 30 seconds of\nactuation; and\n(E) The valve must continue to be effective in the event of damage to the external\ndevice for controlling the operation of the valve;\n(ii) An external stop-valve fitted as close to the shell as reasonably practicable;\n(iii) A liquid tight closure at the end of the discharge pipe, which may be a bolted\nblank flange or a screw cap; and\n(iv) For UN portable tanks, with bottom outlets, used for the transportation\nof liquid hazardous materia ls that are Class 3, PG I or II, or PG III with a flash\npoint of less than 100 °F (38 °C); Division 5.1, PG I or II; or Division 6.1, PG I or II,\nthe remote means of closure must be capable of thermal activation. The thermal\nmeans of activation must activate at a temperature of not more than 250 °F (121\n0().\nThank you very much for looking into this matter and we await your formal response. Below is my contact info with\nbusiness address.\nPat Mentzel\nFacility Security Officer/ Terminal Support I Odfjell Terminals US\nTel. +l 713 844 23 39 I M ob. +l 832 359 1557\nOdfj ell Terminals US I 122 11 Port Road I Sea brook, Texas 77586 I USA\nJoin us on Facebook I Linked In I Twitter I lnstagram I Odfjell.com\n0 ODFJELL\nOdfjell Data Privacy & Protection Notice\nIf 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,\ncopy distribute or use any part of such message\nThis e-mail may contain personal data in text or attachments. You are obligated to process this personal data according with the EU General Data\nProtection Regulation (GDPR) 2016/679 Personal data should be processed only when there is a legal basis for doing so The data processor shall\ndestroy all personal data with ending of the purpose and legal basis for processing, unless legislation imposed other.\nThe data subject has the following rights. Right of transparency and information , Right of access Right of rectify Right to be forgotten and Right to\nrestrict 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\nthat 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\naccidental or unauthorized access to personal data or breach of GDPR within 24 hours\nFor further information and contact details, please see our Privacy and Data Protection policy\n3\n\n<<<PAGE 6>>>\n\nCall the Info Center:\n*for help with use of the Hazardous Materials Regulations (49 CFR Parts 100-185);\n*for information concerning hazardous materials transportation and rulemakings;\n*to report violations of the HMR;\n*to receive recent copies of Federal Register publications or DOT special permits;\n*to request copies of training materials;\n*to request a formal letter of interpretation *\nTo request a formal letter of interpretation or to mail your question, write to:\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nhttps://www.phmsa.dot.gov/sta nda rds-ru lema ki ng/hazmat/haza rdo us-mate rials-info rmatio n-cente r\nMichael Horton\nLead Investigator Ill\nRailroad Safety Inspector-Hazardous Materials\nTexas Department of Transportation\n7600 Washington Avenue\nHouston, TX 77007\nCell: 512-971-3023\nmichael.horton@txdot.gov\nFrom: Pat Mentzel [mailto:Pat.Mentzel@odfjell.com]\nSent: Tuesday, November 12, 2019 3:35 PM\nTo: Michael Horton\nCc: Pat Mentzel\nSubject: DOT Isa-Container Question?\nThis email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and\nknow the content is safe.\nGood afternoon Michael,\nI have a question maybe you could answer or point me in the right direction. We have a customer sending us some Isa-\nContainer from over seas in the condition of picture 1 (1 valve, a dry break and a cap) . It is my interpretation that they\nmust be in condition 2 that has the 2 valves and a cap. There is push back from the customer saying that these are\nwithin DOT regs. They are saying that the dry break is considered a valve. Regs below.\n2\n\n<<<PAGE 7>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nPat Mentzel < Pat.Mentzel@odfjell.com >\nWednesday, November 13, 2019 10:47 AM\nINFOCNTR (PHMSA)\nPat Mentzel\nFW: DOT !so-Container Question?\nJosh,\nHere is the info I was talking to you about.\n.__ ________ __,Dry break coupling, also known as dry disconnect coupling, is a fitting that offers advanced\nfluid handling solutions. They are used where accidental spillage of liquids is not acceptable due to health regulations and\nenvironmental concerns. Moreover, it is used when the value of liquids is too high to tolerate any spillage or loss. Dry\ndisconnect couplings are easy to operate. You just open and close the valves using the handle on the device to control the\nflow of the liquid in the lines.\nThe 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\nokay per the regs. In the pictures below it also shows a cap on the end of the !so-container.\nI appreciate any recommendations you can give me.\nThanks,\nPat Mentzel\nFrom: Michael Horton <Michael.Horton@txdot.gov>\nSent: Wednesday, November 13, 2019 6:11 AM\nTo: Pat Mentzel <Pat.Mentzel@odfjell.com>\nSubject: RE : DOT !so-Container Question?\nPat-\nGood morning. Your question is one that would need to be answered by PHMSA (Pipeline and Hazardous Materials\nSafety Administration) since they write and interpret the Hazardous Materials Regulations. It appears that your question\nwill require an interpretation by PHMSA. Below is their contact information.\nHazardous Materials Information Center\n1-800-HMR-4922\n1-800-467-4922\n202-366-4488\ninfocntr@dot.gov\nHave a question about transporting hazardous materials? Need clarification on an entry in the Hazardous Materials\nRegulations? PHMSA's Hazmat Information Center provides live, one-on-one assistance Monday through Friday from 9\na.m. - 5 p.m.","truncated":false,"body_characters":10848}