Hazmat Safety Consulting, LLC — 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 18, 2024 Ryan Paquet Hazmat Safety Consulting, LLC 1765 Duke Street Alexandria, VA 22314 Reference No. 23-0079 Dear Mr. Paquet: This letter is in response to your August 17, 2023, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to special provision (SP) B81 approval. Specifically, you seek clarification regarding the use of venting and pressure relief devices (PRDs) for tank cars and cargo tanks. We have paraphrased and answered your questions as follows: Q1. You ask whether a tank car manufacturer or tank car shipper is responsible for applying for and receiving approval from the PHMSA Associate Administrator for Hazardous Material Safety, as required by § 172.102(c)(3), SP B81. A1. While a tank car manufacturer or a tank car shipper may apply for an SP B81 approval, ultimately, it is the shipper’s responsibility to ensure that a hazardous material offered for transportation is in an authorized packaging or container that has been manufactured, assembled, and marked in accordance with the HMR. Thus, it is the opinion of this Office that the primary responsible party for ensuring a valid SP B81 approval is obtained prior to offering the tank car for transportation is the shipper of the tank car. See § 173.22(a)(2)(i) through (v). Q2. You ask whether a PRD approved in accordance with SP B81 would be specific to a designed system or can the same approved PRD be used for either a tank car or cargo tank. A2. It is the opinion of this Office that venting and PRDs approved in accordance with SP B81 would be specific to a designed system for a tank car or cargo tank and not transferrable for use on other tank cars or cargo tanks. Moreover, an approved PRD for a specific system designated in the approval application could not be installed on a different tank car or cargo tank that is not part of the application without prior approval from PHMSA’s Associate Administrator of the Office of Hazardous Material Safety.#

Page 2Q3. You ask whether there is a list of PRDs approved under SP B81 and—if so—can those approved PRDs be integrated into future designs without requesting approval from PHMSA’s Associate Administrator of the Office of Hazardous Material Safety. A3. The answer is no. There is no approved list of PRDs and vents authorized under SP B81, as each approved PRD and vent authorized for use is based on the specifics in an approval application submitted to PHMSA. Q4. You ask whether PHMSA agrees there is no requirement for a Competent Authority Approval (CAA) when shipping “UN2015, Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions, stabilized with more than 60 percent hydrogen peroxide, 5.1, PG I” internationally by vessel in accordance with the International Maritime Dangerous Goods (IMDG) Code. Specifically, if a United Nations (UN) portable tank complies with portable tank instruction “T9” of section 4.2.5.2.6 of the IMDG Code—which requires “normal” PRD requirements—then there is no associated CAA necessary. A4. There is not a requirement to obtain a CAA provided the shipment of “UN2015” satisfies the requirements of the IMDG Code. A UN portable tank in compliance with the requirements for “T9” and any additional requirements of Part 171 Subpart C—as applicable—would not be required to obtain a SP B81 approval for venting and pressure relief devices in accordance with § 172.102(c)(3) as generally “B” code requirements do not apply to UN portable tanks or IBCs. 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 3Baker 23-0079 From: Foster, Glenn (PHMSA) To: Dodd, Alice (PHMSA) Subject: FW: B-81 Approval Questions Date: Thursday, August 24, 2023 10:58:38 AM Attachments: image001.png Alice, Please have the inquiry from Ryan Paquet checked in as a request for a LOI and assigned to a Specialist. Thanks, Glenn From: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Sent: Thursday, August 24, 2023 10:56 AM To: Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>; Nickels, Matthew (PHMSA) <Matthew.Nickels@dot.gov> Subject: Fwd: B-81 Approval Questions Glenn Please have these questions routed as a formal interp request. Thanks From: Ryan Paquet <rpaquet@hazmatsafety.com> Sent: Thursday, August 24, 2023 10:47:26 AM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; Burger, Donald (PHMSA) <donald.burger@dot.gov> Subject: RE: B-81 Approval Questions 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. That would be great, thank you. Stay safe! Ryan F Paquet, PG Vice President Hazmat Safety Consulting 1-401-222-0412 Cell www.hazmatsafety.com www.medicaldevicetransport.com#

Page 4CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this information is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone and delete the original message. From: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Sent: Thursday, August 24, 2023 10:45 AM To: Ryan Paquet <rpaquet@hazmatsafety.com>; Burger, Donald (PHMSA) <donald.burger@dot.gov> Subject: Re: B-81 Approval Questions Yes sorry exceeds our ability to manage informally - I can however forward your below email as a request for interpretation to get it into the queue and save you that step if you would like us to do so. From: Ryan Paquet <rpaquet@hazmatsafety.com> Sent: Wednesday, August 23, 2023 1:27:51 PM To: Burger, Donald (PHMSA) <donald.burger@dot.gov> Cc: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Subject: RE: B-81 Approval Questions 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. Does that mean that none of these questions can be answered unofficially? I didn’t intend for these to be controversial questions, I truly thought that these were more policy-based than technical in nature. I will get in queue with a letter of interpretation as soon as possible. Stay safe! Ryan F Paquet, PG Vice President Hazmat Safety Consulting 1-401-222-0412 Cell www.hazmatsafety.com www.medicaldevicetransport.com#

Page 5CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this information is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone and delete the original message. From: Burger, Donald (PHMSA) <donald.burger@dot.gov> Sent: Wednesday, August 23, 2023 1:15 PM To: Ryan Paquet <rpaquet@hazmatsafety.com> Cc: Majors, Leonard (PHMSA) <leonard.majors@dot.gov>; Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; Freeman, Cheryl (PHMSA) <cheryl.freeman@dot.gov> Subject: RE: B-81 Approval Questions Ryan, These questions will require research and collaboration for PHMSA to answer properly. It would be best if you were to submit a request for a letter of interpretation for us to provide you with the responses. I hope this is helpful. Thanks, Don Burger (he/him/his) Chief, General Approvals and Permits Branch Office of Hazardous Materials Safety US Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., Washington D.C., 20590 Office: 202-366-4535 ◊ Mobile: 202-280-9908 From: Ryan Paquet <rpaquet@hazmatsafety.com> Sent: Thursday, August 17, 2023 11:24 AM To: Majors, Leonard (PHMSA) <leonard.majors@dot.gov> Cc: Burger, Donald (PHMSA) <donald.burger@dot.gov> Subject: B-81 Approval Questions 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. Good morning gentlemen,#

Page 6I have a few questions pertaining to B-81 Approvals for PREDS on tank cars and cargo tanks. 1. Should a B-81 approval be applied for by the tank manufacturer or the shipper? 2. If a company has a B-81 approval for a PRD, is that specific to a system or can the same B-81 Approved PRD be used for a Cargo Tank and a Tank Car? 3. Is there a listing of B-81 approved PRDs? If so, can those be integrated into future designs without requesting a new approval? 4. For international transport of UN2015, the IMDG Code requires T9 compliant tank, which in ¶4.2.5.2.6 calls for “normal” PRD provisions, which appears to mean that there is not a requirement for Competent Authority Approval for the PRD, would you agree? Thanks again gentlemen, Stay safe! Ryan F Paquet, PG Vice President Hazmat Safety Consulting 1-401-222-0412 Cell www.hazmatsafety.com www.medicaldevicetransport.com CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this information is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone and delete the original message.#