Owen 1683, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration June 3, 2024 1200 New Jersey Avenue, SE Washington, DC 20590 Craig Owen, CHMM Transportation Compliance Services Owen 1683, LLC 8310 Elko Drive Ellicott City, MD 21043 Reference No. 24-0016 Dear Mr. Owen: This letter is in response to your March 7, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of certain special permit (SP) packagings to transport corrosive liquids. Specifically, you ask whether packagings authorized in DOT-SP 10878 and DOT-SP 12516 are eligible for use of the exception in § 173.154(d), which states that a material classed as a Class 8, Packing Group III—solely because of its corrosive effect on steel or aluminum—is excepted from the HMR when transported by motor vehicle or rail car in a packaging constructed of materials that will not react dangerously with or be degraded by the corrosive material. The answer is yes. There is no restriction on the use of SP packagings (e.g., DOT-SP 10878 and DOT-SP 12516) for transport of hazardous material in accordance with the § 173.154(d) exception, unless such eligibility is specified as a condition of the SP. Therefore, if you have determined that these SP packagings meet the compatibility criteria, use of the exception in § 173.154 is permitted provided the material is not a hazardous substance, a hazardous waste, or a marine pollutant. 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 2Casey From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Interpretation Request, 49 CFR §173.154(d) Date: Tuesday, March 12, 2024 9:59:09 AM 24-0016 Hi Alice, Please see the below interpretation request. Let me know if you need anything. Regards, -Breanna From: Craig Owen <Owen1683@outlook.com> Sent: Thursday, March 7, 2024 12:11 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: FW: Interpretation Request, 49 CFR §173.154(d) 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. Via E-mail infocntr@dot.gov Hazardous Materials Information Center U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 Subject: Interpretation Request, 49 CFR §173.154(d) To whom it may concern, I am requesting an interpretation of §173.154(d) regarding the use of Special Permit (SP) authorized cargo tanks for transporting Corrosive Liquids. DOT-SP 10878 and DOT-SP 12516 authorize the use of glass fiber reinforced plastic (GFRP) cargo tanks for the transportation of materials authorized for transport in DOT Specification 412 cargo tanks. Under 49 CFR 173.154(d) materials corrosive to aluminium or steel only are not subject to any other requirements of Subchapter C if the bulk packaging is constructed of materials that will not react dangerously with, or be degraded by the corrosive material.#

Page 3As the GFRP trailers are designed to transport corrosive liquids, do they meet the definition of a bulk packaging that is constructed of materials that will not react dangerously with, or be degraded by the corrosive material? Can the exception in §173.154(d) be used with the Special Permit packagings referenced above? Your assistance with clarifying the applicability of the exception to the GFRP trailers is appreciated. If you more information, or clarification of the questions, please do not hesitate to contact me. Craig Owen, CHMM Transportation Compliance Services Owen 1683, LLC 8310 Elko Drive Ellicott City, MD 21043 Owen1683@outlook.com#