LDJ Manufacturing, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 January 29, 2024 Mr. David J. Ladwig Compliance & EHS Manager LDJ Manufacturing, Inc. 1833 Highway 163 Pella, IA 50219 Reference No. 23-0018 Dear Mr. Ladwig: This letter is in response to your February 27, 2023, email and a conversation with a member of my staff concerning the shipment of combustible liquids transported by highway in compliance with the the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company manufactures and sells multi-tank units for the purpose of transporting diesel fuel that has been reclassed as a “combustible liquid” in accordance with § 173.150(f)(1). Further, these multi-tank units are then mounted on a trailer or truck chassis, with each individual tank having a maximum capacity of no greater than 115 gallons. You also state that each individual tank is a self-contained packaging that does not share a common wall with the other tanks, and that each individual tank is equipped with a shutoff valve that isolates the tanks from one another during transportation by highway. Your questions are paraphrased and answered below: Q1: You ask whether the multi-tank unit, as described in your email, can transport a combustible liquid—one that is not also classed as a hazardous substance, hazardous waste, or marine pollutant—without being subject to Subchapter C of the HMR, as stated in § 173.150(f)(2). A1: The answer is yes. When transported by highway or rail, a flammable liquid reclassed as a combustible liquid in a non-bulk packaging (i.e., capacity less than or equal to 119 gallons) is not subject to the requirements of the HMR. See § 173.150(f)(1) and (2). However, it should be noted that if the shutoff valves on each individual tank are not being used and therefore not preventing the flow of product in between the non-bulk tanks, the multi-tank unit—as described in your email—would instead be considered a#

Page 2single bulk packaging and would be subject to all applicable requirements of the HMR as provided in § 173.150(f)(3). Q2: You note that the provisions in § 173.150(f)(2) do not specify the total number of non- bulk packagings allowed on a transport vehicle. As such, you ask whether eight or fewer non-bulk packagings containing up to a total of 1,000 gallons (or less) of a combustible liquid on a transport vehicle can utilize the provisions specified in § 173.150(f)(2). A2: Provided the non-bulk packagings (i.e., capacity less than or equal to 119 gallons) comprising the multi-tank unit are separated as described in answer A1, the answer is yes. Q3: You ask whether a transport vehicle that carries a maximum of 1,000 gallons of combustible liquids—contained in non-bulk packagings comprising the multi-tank unit— would require hazardous materials shipping papers, markings, labels, or placards. A3: Provided the non-bulk packagings (i.e., capacity less than or equal to 119 gallons) comprising the multi-tank unit are separated as described in answer A1, the answer is no. 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 2#

Page 3Andrews 23-0018 From: David Ladwig To: Dodd, Alice (PHMSA) Subject: RE: Request for Interpretation - LDJ Manufacturing, Inc. Date: Thursday, March 9, 2023 5:47:35 PM Attachments: image001.png Request for Interpretation_LDJ Manufacturing, Inc..pdf CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Ms. Dodd, I am following up to check on this request as I have not received an acknowledgment letter yet. Please let me know if you need anything additional from me, and thank you for your assistance. Best, David J. Ladwig, CCEP, CCEM | Compliance & EHS Manager LDJ Manufacturing, Inc. | ldj-products.com Thunder Creek Equipment | ThunderCreek.com D 641.620.4034 | davidl@ldj-products.com From: David Ladwig Sent: Monday, February 27, 2023 9:14 AM To: alice.dodd@dot.gov; m.ciccarone@dot.gov; dirk.derkinderen@dot.gov Subject: Request for Interpretation - LDJ Manufacturing, Inc. Greetings, I am submitting the attached the Request for Interpretation, the text of which is also below. Thank you in advance for your time and consideration. We request clarification on the Hazardous Materials Regulations, specifically 49 CFR 173.150(f), as applicable to non-bulk packaging. Background LDJ Manufacturing, Inc. manufactures and sells a multi-tank unit designed to haul diesel fuel reclassified as a combustible liquid in accordance with 49 CFR 173.150(f)(1). These multi-tank units are comprised of individual tanks mounted on a trailer or truck chassis. Each individual tank comprising a unit has a maximum capacity of 115 gallons for a liquid and is a non-bulk package. Each of these individual tanks has its own shutoff valve to isolate each tank during transport, and each tank is a completely independent package and does not share a common wall. Question 1#

Page 4Do the hazardous materials regulations allow a non-bulk package as described above to transport a combustible liquid such as diesel fuel that is not a hazardous substance, a hazardous waste, or a marine pollutant and not be subject to Subchapter C of the Hazardous Materials Regulations in accordance with 49 CFR 173.150(f)? Question 2 The 49 CFR 173.150(f) exception does not specify the total number of non-bulk packages allowed to be transported on a vehicle and not be subject to Subpart C. Would a total of eight (8) or fewer non- bulk packages, as described above, containing up to 1,000 gallons of a combustible liquid on a vehicle, as an example, not be subject to Subchapter C? Question 3 Using the above example, if a vehicle had up to 1,000 gallons of a combustible liquid all in our non- bulk packages mounted on a vehicle, would hazardous materials shipping papers, marking, labeling, or placarding be required? Respectfully submitted, David J. Ladwig, CCEP, CCEM | Compliance & EHS Manager LDJ Manufacturing, Inc. | ldj-products.com Thunder Creek Equipment | ThunderCreek.com D 641.620.4034 | davidl@ldj-products.com Thunder Creek Equipment is a division of LDJ Manufacturing, Inc. I may be working in a different time zone than you, and I don’t expect you to respond outside your preferred working times. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. LDJ Manufacturing Inc. (DBA Thunder Creek Equipment) accepts no liability for any damage caused by any virus transmitted by this email. LDJ Manufacturing Inc., 1833 Hwy 163, Pella, Iowa 50219#

Page 5David J. Ladwig LDJ Manufacturing, Inc. 1833 Highway 163 Pella, IA 50219 Phone: (641) 620-4034 Email: davidl@ldj-products.com February 27, 2023 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 VIA EMAIL ONLY Request for Interpretation Dear Sir: We request clarification on the Hazardous Materials Regulations, specifically 49 CFR 173.150(f), as applicable to non-bulk packaging. Background LDJ Manufacturing, Inc. manufactures and sells a multi-tank unit designed to haul diesel fuel reclassified as a combustible liquid in accordance with 49 CFR 173.150(f)(1). These multi-tank units are comprised of individual tanks mounted on a trailer or truck chassis. Each individual tank comprising a unit has a maximum capacity of 115 gallons for a liquid and is a non-bulk package. Each of these individual tanks has its own shutoff valve to isolate each tank during transport, and each tank is a completely independent package and does not share a common wall. Question 1 Do the hazardous materials regulations allow a non-bulk package as described above to transport a combustible liquid such as diesel fuel that is not a hazardous substance, a hazardous waste, or a marine pollutant and not be subject to Subchapter C of the Hazardous Materials Regulations in accordance with 49 CFR 173.150(f)? Question 2 The 49 CFR 173.150(f) exception does not specify the total number of non-bulk packages allowed to be transported on a vehicle and not be subject to Subpart C. Would a total of eight (8) or fewer non-bulk packages, as described above, containing up to 1,000 gallons of a combustible liquid on a vehicle, as an example, not be subject to Subchapter C? 1#

Page 6Question 3 Using the above example, if a vehicle had up to 1,000 gallons of a combustible liquid all in our non-bulk packages mounted on a vehicle, would hazardous materials shipping papers, marking, labeling, or placarding be required? I respectfully request a written response to this inquiry at your earliest convenience. Sincerely, David J. Ladwig Compliance and EHS Manager LDJ Manufacturing, Inc. 2#