{"operation":"document","citation":"23-0104","title":"Chevron Phillips Chemical Company LP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-07-15","effective_on":null,"summary":"23-0104 response to Chevron Phillips Chemical Company LP concerning 171.22, 171.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0104.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0104.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0104","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-07/230104.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJuly 15, 2024\nMr. Richard Norl Jr.\nDistribution Safety Manager\nChevron Phillips Chemical Company LP\n10001 Six Pines Drive\nThe Woodlands, TX 77380\nReference No. 23-0104\nDear Mr. Norl:\nThis letter is in response to your December 6, 2023, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation\nof combustible liquids in bulk packaging. You state that based on your reading of the provisions\nin §§ 171.22 and 171.25, it is your understanding that for the export of combustible liquids in\nbulk packaging by vessel, the placards may be removed or replaced once inside the port area, as\nthose materials are not regulated by the International Maritime Dangerous Goods (IMDG) Code\nfor international transportation. Specifically, you seek clarification of the HMR regarding the\ndomestic transportation of combustible liquids by motor vehicle before being loaded onto a\nvessel for export—or conversely—combustible liquids that will be imported by vessel and then\nmoved by motor vehicle domestically.\nYour understanding of the HMR requirements regarding placarding requirements for the import\nand export of combustible liquid shipments is incorrect. In accordance with § 171.22(c), a\nmaterial designated as a hazardous material under the HMR, but which is not subject to the\nrequirements of the IMDG Code, may not be transported in accordance with the IMDG Code and\nmust be transported in accordance with all applicable requirements of the HMR while in the\nUnited States.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nEamonn Patrick\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWolcott\n23-0104\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request Clarification on Use of the IMDG Code within the United States\nDate: Wednesday, December 6, 2023 3:41:03 PM\nAttachments: RNorl.PHMSA-Request Clarification for Use of the IMDG Code.docx\nHi Alice,\nPlease see the attached interpretation request. Let us know if you need anything.\nSincerely,\nJanaye\nFrom: Norl Jr., Richard <NORLR@cpchem.com>\nSent: Wednesday, December 6, 2023 12:49 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Request Clarification on Use of the IMDG Code within the United States\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nRichard Norl Jr., MS, DGSA\nDistribution Safety Manager\nDirect: 832.813.4277\nCell: 832.571.7851\nEmail: norlr@cpchem.com\nChevron Phillips Chemical Company LP\n10001 Six Pines Drive, The Woodlands, TX 77380\nPerformance by design. Caring by choice.™\n\n<<<PAGE 3>>>\n\nDecember 7, 2023\nRichard Norl Jr.\nDistribution Safety Manager\n10001 Six Pines Drive\nThe Woodlands, TX 77380\nTelephone: 832-813-4277\nCell: 832-571-7851\nnorlr@cpchem.com\nwww.cpchem.com\nSent via email: phmsa.hm-infocenter@dot.gov\nUnited States Department of Transportation\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRe: Request Clarification on Use of the IMDG Code within the United States\nDear Sir/Madam:\nI am requesting clarification on use of the IMDG Code within the United States per\n49 CFR §171.25(b)(1) and (d), specifically the transport of combustible liquids with\na flashpoint above 60 °C (140 °F) and below 93 °C (200 °F) as defined in 49 CFR\n§173.120(b)(1), in bulk packages placed on board a vessel for export or as an\nimport shipment.\nOn 27 January 2006, PHMSA published and issued Docket No. 2005-23141, HM-\n215F, NPRM, which consolidated into one section those conditions and limitations\napplicable to the authorized international transport standards and regulations by\ncreating a new Subpart C and separate sections containing additional provisions\nspecific to each authorized standard, which is the current format of the HMR\ntoday. The NPRM proposed an exception from placarding combustible liquids in\nbulk packaging that are transported in a single port area and placed on board a\nvessel for export or as an import shipment. The exception would have at least\nresolved the issue of when to remove or add placards and markings as it would\nclearly mean at the ship/shore interface of the United States port as this cannot be\naccomplished on a vessel at sea. However, when the final rule was published on 03\nMay 2007, the exception was not adopted because of reservations expressed by\ntwo commenters that shipments could sit at a port for several days without\ninformation for emergency responders, which PHMSA agreed with in addition to\nseveral issues PHMSA felt needed further review.\nOn 05 April 2010, PHMSA published and issued Docket No. 2009-0241, HM-242,\nANPRM, which was a petition for rulemaking to harmonize the transport of\ncombustible liquids with the international standards. The ANPRM highlighted many\nof the problems encountered when attempting to ship combustible liquids in bulk\npackages internationally and the practical approach some Shippers were taking to\ntry and meet the requirements of the HMR and IMDG Code, and that is to remove\nor add placards and markings just prior to loading on a vessel. PHMSA published a\nwithdrawal of the ANPRM and denial of the petitions on 30 May 2012. In Part V of\nthe withdrawal - Denial of Petitions, PHMSA inserted a chart comparing Class 3\nliquids based on flashpoint of the UN Recommendations (Model Regulations) and\n\n<<<PAGE 4>>>\n\nthe HMR with variance shaded for 140-200 °F (60-93 °C) (a.k.a. High Flashpoint Combustible Liquids of\nHFCLs). Under the HMR they specifically reflected domestic ground shipments.\nThis category of combustible liquids continues to be very problematic for those of us that ship\ncombustible liquids internationally in bulk packages. We know of two vessel carriers that have rejected\nshipments described on the transport document as “NA1993, Combustible Liquid, N.O.S.” with a\nnotation “Non-regulated IMDG Code” and two vessel carriers that only accept shipments described as\nsuch, and for one of those shipments the Consignee received a penalty from the German Port\nAuthorities. It is my understanding the Belgium Port Authorities have issued penalties for such\ninfractions as well.\nIt appears to me that although PHMSA did not adopt the proposed exception on placarding combustible\nliquids in bulk packaging that are transported in a single port area and placed on board a vessel for\nexport or as an import shipment into the final rule of HM-215F, dated 03 May 2007, the comparison of\nthe UN Model Regulations and HMR in the withdrawal of HM-242, ANPRM, dated 30 May 2012 could be\ninterpreted that the regulation of combustible liquids in bulk packaging only applies to domestic\nground shipments as PHMSA is authorizing the use of the IMDG Code for the water portion of the\njourney based on specific conditions and limitations. The following provisions in the HMR seems to\nsupport that theory:\n1. §171.22(a) – “This subpart authorizes, with certain conditions and limitations, the offering for\ntransportation and the transportation in commerce of hazardous materials in accordance with\nthe---------”\n2. §171.22(c) – “A material designated as a hazardous material under this subchapter but\nexcepted from or not subject to the international transport standards and regulations\nauthorized in paragraph (a) of this section must be transported in accordance with all\napplicable requirements of this subchapter.”\n3. §171.25(b)(1) – “Unless specified otherwise in this subchapter, a shipment must conform to the\nrequirements in part 176 of this subchapter. For transportation by rail or highway prior to or\nsubsequent to transportation by vessel, a shipment must conform to the applicable\nrequirements of parts 174 and 177 respectively, of this subchapter, and the motor vehicle or\nrail car must be placarded in accordance with subpart F of part 172”.\n4. §171.25(d) - \"A hazardous material being imported into or exported from the United States or\npassing through the United States in the course of being shipped between locations outside\nthe United States may be offered and accepted for transportation and transported by motor\nvehicle within a single port area, including contiguous harbors, when packaged, marked,\nclassed, labeled, stowed and segregated in accordance with the IMDG Code, offered and\naccepted in accordance with the requirements of subparts C and F of part 172 of this\nsubchapter pertaining to shipping papers and placarding, and otherwise conforms to the\napplicable requirements of part 176 of this subpart”.\nI have spoken with other dangerous goods professionals (Industry Colleagues, DG Instructors, Third-\nParty Logistics Service Providers (carriers, freight forwarders, etc.) and Port Managers) and opinions of\nthe regulatory provisions on this subject have varied. Although most of the professionals I have spoken\n\n<<<PAGE 5>>>\n\nwith have opined that when shipped in bulk packaging by ground, combustible liquids are subject to the\nHMR and once the shipment reaches the port (designated area of the port), the package must be\nshipped as non-dangerous goods in accordance with the IMDG Code or Environmentally Hazardous\nSubstance (EHS) if applicable. In this situation, many shippers choose to hire an agent to remove and/or\nreplace the placards and markings to ready the package for international shipment at the port. It is the\nreverse for imports in that shippers choose to hire an agent to place placards and markings to ready the\npackage for domestic ground shipment at the port.\nWe dangerous goods professionals (shippers, carriers, freight forwarders, receivers, etc.) need\nclarification from PHMSA so that we can make the right decisions about compliance, be it that PHMSA’s\nregulatory intent is that the regulation of combustible liquids in bulk packaging only applies to\ndomestic ground shipments or bulk packaging cannot be shipped internationally. I am aware of DOT\nSP1287 and whereas it permits the transport of IBCs from placarding and marking, provided they are in\na sealed freight container marked for export, the freight container still must be placarded and marked,\nand the placards and markings removed and/or replaced to ready the package for international\nshipment, so this does not resolve the problem.\nThank you in advance for your assistance in this matter.","truncated":false,"body_characters":10655}