{"operation":"document","citation":"21-0001","title":"Oilmen’s Truck Tanks — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-05-17","effective_on":null,"summary":"21-0001 response to Oilmen’s Truck Tanks concerning 171.2, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75041/210001.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 17, 2021\nRobert Strong\nDesign Certifying Engineer\nOilmen’s Truck Tanks\n140 Cedar Springs Rd\nSpartanburg, SC 29304\nReference No. 21-0001\nDear Mr. Strong:\nThis letter is in response to your December 31, 2020, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the motor vehicle\ntransportation of packages containing diesel fuel and gasoline connected via piping.\nSpecifically, you describe two scenarios, and ask whether the described package arrangements\nmeet the requirements of the HMR. Additionally, you ask a question regarding the HMR’s\nhazard communication requirements for each scenario.\nScenario #1: You describe a package arrangement consisting of multiple refueling tanks, each\ntank with a capacity of 119 gallons. The tanks are connected via piping with ball valves capable\nof isolating each tank. The material intended for transportation in this scenario is diesel fuel.\nAlthough not explicitly described, for the purposes of this response, it is assumed that the diesel\nfuel in question has a flash point at or above 38 °C (100 °F), and, therefore, is eligible for the\ncombustible liquid exception found in § 173.150(f).\nScenario #2: You describe a package arrangement consisting of multiple 119-gallon metal\nrefueling tanks manufactured in accordance with Department of Transportation DOT special\npermit (DOT-SP) 14227. The tanks are connected via piping with ball valves capable of\nisolating each tank. The material intended for transportation in this scenario is gasoline.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the package arrangement described in Scenario #1 meets the\nrequirements of the HMR.\n\n<<<PAGE 2>>>\n\nA1. The answer is yes, if the ball valves separating the individual tanks are in a closed\nposition while in transportation. If there are no stop valves on each individual outlet\npreventing the flow of lading between tanks, and free flow between tanks is allowed\nduring transportation, then the tanks would be considered a single bulk package and the\nrequirements of § 173.150(f)(3) would apply, including marking and placarding. A\nhazardous material classed as a combustible liquid in a non-bulk package (capacity less\nthan or equal to 119 gallons) is not subject to the requirements of the HMR (see\n§ 173.150(f)(2)).\nQ2. You ask whether the packaging arrangement described in Scenario #2 meets the\nrequirements of the HMR.\nA2. The answer is no. DOT-SP 14227 prohibits manifolded packages; see section 7.c.(3) in\nthe enclosed copy. Please note that packages connected by piping or tubing are\nconsidered “manifolded” for the purpose of DOT SP-14227, regardless of whether the\nvalves are in the open or closed position.\nQ3. For both scenarios, you ask whether placards are required on all four sides of each of the\nindividual tanks, or all four sides of the transport vehicle.\nA3. For Scenario #1 - No hazard communication is required, either on the tanks or the\ntransport vehicle, if the valves are closed because non-bulk packages (119 gallons or less)\ncontaining a combustible liquid are not subject to the HMR requirements, including\nhazard communication for highway transportation. However, if any free flow exists\nbetween tanks during transportation, the individual tanks attached to the motor vehicle\nare considered a single bulk packaging (e.g., portable tank, IBC, or cargo tank, depending\non how the packaging is constructed and used in transportation) and must comply with all\napplicable requirements including placarding requirements for a particular bulk package\nand the transport vehicle.\nFor Scenario #2 - The hazard communication requirements for DOT-SP 14227 packages\nare included in paragraph 7.c.(5) of the special permit, specifically that each tank must be\nmarked and placarded in accordance with the requirements for Intermediate Bulk\nContainers (IBCs). However, the manifolded packages do not comply with the\nrequirements of DOT-SP 14227, and, therefore, are not in compliance with the HMR (see\n§ 171.2(g)).\nPlease note, the requirements for a commercial driver’s license (CDL) (See 49 CFR Part 383) are\nunder the purview of the Federal Motor Carrier Safety Administration (FMCSA). FMCSA is the\nlead Federal government agency responsible for regulating and providing safety oversight of\ncommercial motor vehicles.\n\n<<<PAGE 3>>>\n\nYou may wish to contact FMCSA should you require clarification of any requirements relevant\nto CDLs.\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 4>>>\n\nPatrick\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Interpretation Letter Request\nDate: Monday, January 4, 2021 12:33:01 PM\nAttachments: fueler piping.png\nUPDATED TO\n21-0001 FROM\n20-0098\nHello,\nSee below and attached picture request for interpretation.\nThanks,\nJonathon, HMIC\nFrom: Raynor, T'Mia (PHMSA)\nSent: Thursday, December 31, 2020 1:48 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Fwd: Interpretation Letter Request\nT’Mia Raynor\nWebmaster\nPHMSA Office of the CIO (PHF-30)\nDesk: (202) 366-9818 | Mobile: (202) 580-9447\nFrom: Robert Strong <rstrong@trucktanks.com>\nSent: Thursday, December 31, 2020 8:00:31 AM\nTo: PHMSA Pipelinesafety <PHMSA.Pipelinesafety@dot.gov>\nCc: PHMSA Website Manager <PHMSAWebsiteManager@dot.gov>\nSubject: Interpretation Letter Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nGood morning,\nI would like to request a formal letter of interpretation for the following questions.\nI have two questions regarding a further interpretation of Interpretations 88-0026 and 15-0135.\nThese Interpretations state that a tank is not considered manifolded together with other tanks if a\nstop valve is used between the tanks and in the closed positions. When applying this to multiple\nindividual tanks on a flatbed, as shown in the attached figure, the two following cases arise.\nThe first case is hauling diesel in 2 (or more) 119 gallon individual tanks on a flat bed, with ball valves\non the outlet piping of each tank, connected to a single pump, as shown in the attached figure. The\ndriver in this case would not have a CDL or a HAZMAT endorsement since the truck would be less\nthan 33,000 lbs GVWR.\n\n<<<PAGE 5>>>\n\nThe second case is hauling gas in 2 (or more) 119 gallon individual tanks manufactured under DOT-\nSP 14227. These tanks are also connected in the same manner as the first case, with a ball valve\nbetween each of the individual tanks and the pump, as shown in the attached figure. The driver in\nthis case would also not have a CDL or a HAZMAT endorsement since the truck would have a GVWR\nless than 33,000 lbs.\nAre both of these cases compliant with HAZMAT regulations and would be considered legal for the\ntransportation of diesel in case 1 and gas in case 2?\nAlso, if these cases are HAZMAT compliant, are the placarding requirements in this case limited to\neach of the individual tanks being placarded on all 4 sides, or do all 4 sides of the transport vehicle\nneed to be placarded as well?\nBest,\nRobert Strong, Eng.D.\nDesign Certifying Engineer\nOilmen’s Truck Tanks\n140 Cedar Springs Rd.\nSpartanburg, SC 29304\n864-699-7521 (Direct)\n863-278-3677 (Cell)\nwww.trucktanks.com","truncated":false,"body_characters":7623}