The Department of Transportation’s Research and Special Programs Administration (DOT/RSPA) has issued a Notice of Proposed Rulemaking (NPRM) that would amend the federal hazardous materials (hazmat) regulations to temporarily allow the unloading of certain intermodal portable tanks. Tanks covered by the proposed rule are those that transport certain liquid hazardous materials and are not equipped with a thermal means of remote activation of the internal self-closing stop-valves fitted on the bottom discharge outlets. The notice is significant to ILMA members who use intermediate bulk containers (IBCs).
The notice, which was published in the Federal Register on February 22, would extend the deadline for installation of the remote activation devices, which was October 1, 1998, to October 1, 2003. RSPA had received three petitions for an extension of the deadline – from the Dangerous Good Advisory Council (DGAC), the Tank Container Association (TCA), and Merck & Co. – but each request was denied. RSPA also received a petition for a rulemaking from the DGAC, requesting that the Agency adopt operating conditions for unloading an intermodal portable tank with no thermal means of remote activation of the internal self-closing stop-valves installed on the bottom discharge outlets when it is on a transport vehicle.
RSPA believes that providing the additional five years for tank manufacturers, lessors, and users to come into compliance with the regulations is sufficient. However, between now and October 1, 2003, RSPA will permit the unloading of intermodal portable tanks that do not meet the outlet requirement, provided the following conditions are met:
1. the facility at which the intermodal portable tank is to be unloaded must have systems in place that conform to applicable Occupational Safety and Health Administration (OSHA) fire suppression requirements, OSHA’s emergency shutdown requirements, and OSHA and the Environmental Protection Agency's (EPA) emergency response planning requirements (or equivalent or more stringent non-federal requirements), and an emergency discharge control procedure in place applicable to unloading operations, including instructions for handling emergencies that may occur during the unloading operation
2. public access to the unloading area must be controlled in a manner ensuring that public access is denied during unloading
3. the attendance requirements must be met
4. prior to unloading, the operator of the vehicle on which the intermodal portable tank is transported must ascertain the all conditions have been met
5. persons performing unloading functions must be trained in handling emergencies that may occur during the unloading operation.
RSPA will accept public comments on its proposal through April 8, 2002. A copy of the Federal Register notice is available on the internet at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-4284-filed .
