{"operation":"document","citation":"24-0109","title":"Shintech Louisiana — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-01-07","effective_on":null,"summary":"24-0109 response to Shintech Louisiana concerning 171.8, 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0109.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0109.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0109","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-01/240109.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJanuary 7, 2025\nChris Boggs\nSafety Manager\nShintech Louisiana\nPO Box 358\nAddis, LA 70710\nReference No. 24-0109\nDear Mr. Boggs:\nThis letter is in response to your November 11, 2024, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to residue on the\nexterior of a package. You describe a scenario in which, during the loading or unloading of a\nproduct, some of the corrosive hazardous material (sodium hydroxide) spills onto the exterior of\na tank car, specifically that the product drips onto its exterior surface. You state that before\ntransportation begins the tank car is cleaned and treated to neutralize the spilled sodium\nhydroxide. However, this process leaves the paint on the tank car etched and discolored—i.e., it\nleaves a stain. You add that it is impracticable to repaint the exterior of the tank car after every\nloading/unloading and ask whether the discoloration (i.e., the stain) resulting from the cleaning\nand neutralization of the hazardous material is a “residue” that would be in violation of the\ngeneral requirements for packages, as specified in § 173.24(b).\nThe answer is no. The term residue specifically refers to a hazardous material. Although defined\nin § 171.8 as contents inside the package, in the context of § 173.24(b)(1)-(4), residue means a\nhazardous material adhering to the outside of a package from spillage from either the package\nitself or in association with loading or unloading the package. Discoloration (i.e., staining) is not\nconsidered residue for purposes of § 173.24(b)(1)-(4). Provided that any remnants of the cleanup\nand neutralization of the spillage on the exterior of the tank car does not meet any HMR criteria\nfor a hazardous material and the tank car otherwise conforms to all other applicable requirements\nunder the HMR, the tank car may continue to be used in transportation.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nCasey\n24-0109\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Interpretation Request\nDate: Tuesday, November 12, 2024 1:27:19 PM\nHi Alice,\nPlease see the below interpretation request.\nI have reached out and asked him for his physical mailing address which I will send over as soon as it\narrives.\nLet me know if you need anything,\n-Breanna\nFrom: Christopher Boggs <cboggs@shin-tech.com>\nSent: Monday, November 11, 2024 11:44 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request\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.\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nI am the Shintech Louisiana Safety Manager and am requesting some clarification around “stains” on\nhazardous material tank cars. Our facility loads and ships sodium hydroxide tank cars and most of\nthe tank cars have a black exterior paint. During the loading/off-loading process , product (sodium\nhydroxide) may drip on the exterior of the car, at which point Shintech or the customer will wash,\nneutralize, and capture the product into sumps. However, once the product is neutralized and\nwashed, the dripped product will leave a stain on the exterior paint of the car. This is mainly due to\nthe product etching the paint and can look like residue on the car, but it is only a stain. Once the car\nis stained, it is very difficult to remove the stain.\nMy questions is, is a stain considered residue? As explained in the above, there is no safety\nconcern from such a stain and it’s not practically possible to repaint the exterior every time. We are\ntrying to be proactive, trying to avoid the cars being stopped in transit, and want to prevent any\nfines so your assistance and guidance is appreciated.\n\n<<<PAGE 3>>>\n\nThanks in advance,\nChris Boggs\nShintech Louisiana\nSafety Manager\n225-687-2105 ext. 5091","truncated":false,"body_characters":4361}