Veolia North America — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration May 2, 2024 Jennifer Fletcher Director, Transportation Compliance Veolia North America 1 Eden Lane Flanders, NJ 07836 Reference No. 24-0006 Dear Ms. Fletcher: This letter is in response to your January 18, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it relates to the Fixing America’s Surface Transportation Act of 2015 (FAST Act; P. Law 114-94, Section 7304) phase- out1 of DOT Specification 111 tank cars in flammable liquid service. In your email, you note that both the FAST Act and the HMR have a phase-out date for Packing Group (PG) II / III Class 3 flammable liquids; however, the HMR does not include a phase-out date for dual-hazard Class 3, PG II materials assigned § 173.243 for authorized packaging. Specifically, you ask for clarification regarding the appropriate phase-out date for the dual-hazard material “UN2924, Flammable liquids, corrosive, n.o.s., 3, PG II.” The applicable phase-out date for transporting DOT-111 tank cars containing Class 3, PG II dual-hazard materials is May 1, 2029, which is the phase-out date required by the FAST Act, and is consistent with the phase-out dates in packaging sections §§ 173.241 and 173.242 assigned to other Class 3, PG II and III materials. We appreciate you bringing this matter to our attention and acknowledge the May 1, 2029, phase-out date is not currently referenced in the bulk packaging section of the HMR that applies to dual-hazard materials. PHMSA plans to address this in a future rulemaking. 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 1 PHMSA adopted the phase-out deadlines in the HM-251C final rule (81 FR 53935; Aug. 15, 2016). See https://www.govinfo.gov/content/pkg/FR-2016-08-15/pdf/2016-19406.pdf#

Page 2Horne 24-0006 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Request for Written Letter of Interpretation Date: Monday, January 22, 2024 10:38:22 AM Attachments: Transitional Date for Continued Use of DOT 111 Tank Cars for Class 3 PG II Material (VNA).pdf Hi Alice, Please see the attached interpretation request. Let us know if you need anything. Sincerely, Janaye From: Fletcher, Jennifer <jennifer.fletcher@veolia.com> Sent: Thursday, January 18, 2024 3:21 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>; Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Cc: Tom Baker <tom.baker@veolia.com> Subject: Request for Written Letter of Interpretation 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 afternoon, please see the attached request from Veolia for a written letter of interpretation requesting clarification on the continued use of DOT 111 tank cars containing Class 3, packing group II material. Please feel free to contact me if you have any questions. Thank you, Jennifer Fletcher Director, Transportation Compliance Technical and Performance VEOLIA NORTH AMERICA cell +1 862 432 9778 1 Eden Lane, Flanders NJ 07836 jennifer.fletcher@veolia.com www.veolianorthamerica.com Check out the Veolia Transportation Compliance Page on One to One!#

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Page 4January 18, 2024 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 RE: Request For Interpretation Regarding The Transitional Compliance Date For The Continued Use of DOT 111 Tank Cars Containing Class 3 Packing Group II Material T o Whom It May Concern: Please accept this letter as a request for a formal written interpretation from your office. Veolia requests guidance on the requirements in the Hazardous Materials Regulations (HMR) applicable to the transitional compliance date for the use of the DOT 111 tank cars (non-jacketed) for the shipment of the following hazardous materials: UN2924, Flammable Liquids, Corrosive, nos, 3, PG II According to the FAST Act for Flammable Liquids and Rail T ank cars (Final Rule 8/15/16 - https://www.federalregister.gov/documents/2016/08/15/2016-19406/hazardous-materials- fast-act-requirements-for-flammable-liquids-and-rail-tank-cars) Veolia understands that all PG II and III flammable materials, including dual hazard materials, will be permitted to be shipped in DOT 111 tank cars (T able 1 below from page 53936 of the FR), up to May 1, 2029, which is the phase-out deadline. Veolia North America 1 Eden Lane, Flanders, NJ 07836 tel. +1 862 432 9778 / jennifer .fletcher@veolia.com www.veolianorthamerica.com#

Page 5However , when referencing the bulk packaging requirements in the 49 CFR § 172.101 Hazardous Materials T able for this hazardous material (as specified in 173.243 - bulk packaging requirements for high hazard liquids and dual hazard materials), the transitional compliance date is not clearly stated for dual hazard materials that are Class 3, PG II. This section only states the compliance date for Class 3, PG I materials as being May 1, 2025, and does not include a date for Class 3, PG II materials. §173.243 Bulk packaging for certain high hazard liquids and dual hazard materials which pose a moderate hazard. When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter and the special provisions specified in column 7 of the § 172.101 table. (a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115, 117, or 120 fusion-welded tank car tanks; and Class 106 or 110 multi-unit tank car tanks. Additional operational requirements apply to high-hazard flammable trains (see § 171.8 of this subchapter) as prescribed in § 174.310 of this subchapter. Except as otherwise provided in this section, DOT Specification 111 tank cars and DOT Specification 111 tank cars built to the CPC-1232 industry standard are no longer authorized to transport Class 3 (flammable liquids) in Packing Group I, unless retrofitted to the DOT Specification 117R retrofit standards or the DOT Specification 117P performance standards provided in part 179, subpart D of this subchapter. (1) DOT Specification 111 tank cars and DOT Specification 111 tank cars built to the CPC-1232 industry standard are no longer authorized for transport of Class 3 (flammable liquids) unless retrofitted prior to the dates corresponding to the specific material in the following table: Material Jacketed or non-jacketed tank car DOT-111 not authorized on or after DOT-111 built to the CPC-1232 not authorized on or after Unrefined petroleum products Non-jacketed January 1, 2018 April 1, 2020. Jacketed March 1, 2018 May 1, 2025. Veolia North America 1 Eden Lane, Flanders, NJ 07836 tel. +1 862 432 9778 / jennifer .fletcher@veolia.com www.veolianorthamerica.com#

Page 6Class 3, PG I (flammable liquid) other than unrefined petroleum products Non-jacketed May 1, 2025 May 1, 2025. Jacketed May 1, 2025 May 1, 2025. As a result, Veolia is asking for clarification as to the transitional compliance date for the continued use of the DOT 111 tank car for the shipment of a waste material classified as "UN2924, Flammable Liquids, Corrosive, nos, 3, PG II". Sincerely, Jennifer Fletcher Director, Transportation Compliance Veolia North America Veolia North America 1 Eden Lane, Flanders, NJ 07836 tel. +1 862 432 9778 / jennifer.fletcher@veolia.com www.veolianorthamerica.com#