July 26, 1999

Mr. Alan I. Roberts
Associate Administrator for Hazardous Materials Safety
Research and Special Programs Administration
Department of Transportation
400 Seventh St., SW
Washington, DC 20590

Re: Request for Interim Final Rule on the Unloading of IM Portable Tanks not equipped with thermally activated devices

Dear Mr. Roberts:

The Hazardous Materials Advisory Council (HMAC) is an international, non-profit, educational organization devoted to promoting safety in the domestic and international transportation and handling of hazardous materials, substances and wastes. HMAC represents shippers, carriers of all modes, container manufacturers and reconditioners, emergency response and waste clean-up companies, and a variety of other companies and trade associations involved in the field of hazardous materials transportation.

Hazardous materials have been transported safely by intermodal portable tanks since the 1970s. For most of these nearly 30 years, regulatory authorities did not envision unloading of cargo from a portable tank while it remained attached to the vehicle chassis. Over the years, it has become more difficult to remove the portable tank from the chassis because of equipment limits, unloading area configurations, and limited operational area. Currently, the IMDG Code, and UN Recommendations do not specify thermally activated bottom closure devices for intermodal portable tanks. Even the recently developed "Rationalized Approach" for portable tank that was developed by RSPA for the UN Subcommittee of Experts on the Transport of Dangerous Goods does not require thermally activated closure devices for bottom outlets. In HM-166Y, RSPA acknowledged that portable tanks are unloaded while remaining attached to the chassis and the motor power unit. The Agency provided industry with some regulatory relief. Paragraph 177.834 of 49 CFR was amended by adding a subparagraph (o) that provides for unloading of portable tanks while they remain on the transport vehicle with the power unit attached. In order to use this relief, a tank must meet the bottom outlet requirements of §178.345-11 and be attended during the unloading, as required for cargo tank motor vehicles under §177.834(i). The requirements for bottom outlets in §178.345-11 include a self-closing system that is remotely activated. The system must be capable of both thermal and mechanical activation.

This relief is appreciated and provides an alternative to removing portable tanks from the transport units prior to unloading. However, the requirement for a thermal activated closure device for all portable tanks that will be unloaded while on a transport vehicle with the motor power unit attached is a serious problem for the industry. This is particularly true for Class 3, Division 6.1 and Class 8, packing group I or II materials which are regulated by §§173.242 and .243. A survey of the 130,000-unit portable tank fleet indicates that few portable tanks (less than 10%) are currently fitted with a thermally activated closure system. Approximately 4,000 import/export events are completed in portable tanks monthly within the US. Of these movements, 30% - 40% are import movements. Based on these percentages, 1,200 to 1,600 portable tanks will be off loaded in the United States each month. While all of these portable tanks are not in hazardous materials service, the majority is constructed for this service.

The technology for installing a thermally activated closure device on the bottom outlet valve on a portable tank is completely different from that used on cargo tanks. Portable tanks have a "cam" action that locks the bottom outlet valve open. In response to HM-166Y, valve and portable tank manufacturers have developed several designs that may be used to retrofit existing portable tanks with a thermally activated closure device for the bottom outlet valves.

For commercial and economic reasons, it is not practical to remove all tanks from service at once to retrofit the bottom outlet valves with thermally activated closure devices. Tanks are either in a transport cycle, in storage, or in repair/maintenance shops. If all of the portable tanks were taken out of service at the same time to complete this retrofit, many industrial operations would be severely disrupted. In addition, qualified retrofit facilities would be literally unable to handle the large number of tanks on such a compressed schedule. It is not practicable to retrofit portable tanks at a wash station that is not normally equipped to effect mechanical repairs/modifications since the designs for the fusible links all prescribe welding the device to the frame of the portable tank. Rather, it makes more sense to install thermally activated systems during periods when tanks are taken out of service for maintenance or inspection at the 30 or 60 month interval. The portable tank industry estimates that the cost of retrofitting portable tanks with thermally activated closure systems is $200 per unit or $26,000,000 for the entire fleet. This does not include costs/revenues for lost rental days while the tank is being retrofitted or the logistics problems noted above. This is a burdensome cost for the portable tank industry to absorb at one time.

In consideration of the foregoing, HMAC respectfully requests that RSPA issue an Interim Final Rule to permit unloading of portable tanks, that are not fitted with a thermally activated closure device on bottom outlet valves, while the tanks are attached to the transport vehicle and the motor power unit, under the following conditions.

Portable tanks may be off-loaded at industrial facilities in areas specifically designed for unloading hazardous materials where:

1. unloading areas are equipped with fire suppression systems as required by 29 CFR 1910.106,
2. static electricity protection and bonding are provided as required by 29 CFR 1910.106,
3. emergency response plans and procedures are in place to deal with uncontrolled releases as required by 29 CFR 1910.120,
4. programs and procedures such as OSHA Process Safety Management Standards and/or EPA Risk Management Plans (when the chemical and quantity require compliance) as required by 29 CFR 1910.119 and 40 CFR Part 68 respectively, or equivalent, are in place,
5. the attendance requirements of 49 CFR 177 are met, and
6. public access to the off-loading area is prohibited.

HMAC believes an equivalent level of safety to a thermally activated closure system exists when a facility is equipped with appropriate fire control equipment and procedures, and meets other requirements as detailed above. It is our view that such devices are not needed under these conditions. However, should the Agency decide that thermally activated closure systems must be installed, we would ask for a time period of five years to complete the retrofit process or to develop an alternate "systems approach" for providing a thermally activated closure device for the bottom outlet valve. During this retrofit period, tanks without the device would be permitted to be unloaded, while remaining on a chassis, only under the conditions listed above.

Section 173.32c may be the appropriate location to include the above listed administrative/engineering controls that will provide an equivalent level of safety.

In order to continue to unload portable tanks in a safe manner, we respectfully ask that RSPA implement these requirements as soon as possible in an Interim Final Rule. HMAC appreciates your consideration of our request.

Sincerely,

Jonathan Collom
President