For years now OSHA and EPA have taken similar approaches to how they view DOT containers (Tank Trucks and Railcars) when they are connected to a process. Both agencies have stated that as long as the motive power (e.g. tractor or locomotive) remains in place then the unloading falls under DOT and thus the content in the DOT container does NOT have to be counted towards our Threshold Determination. However, “drop the trailer/railcar” then we have to view the DOT container as a process vessel/storage vessel and consider its contents towards our Threshold Determination. Keep in mind that a single 55/90 Ton Railcar of Chlorine sitting on our property is in and of itself a “covered process” regardless of where it sits; however, co-locating it in near proximity may make the RCar part of the existing covered process. But recently some OSHA state plans have posed new views on this DOT application towards PSM/RMP…
From the State of California in regards to their CALARP:
Do CalARP program regulations cover the loading and unloading of transportation containers?
The definition of stationary source includes transportation containers used for storage not incident to transportation and transportation containers connected to equipment at a stationary source for loading or unloading (Title 19, § 2735.3). In a January 6, 1998 final rule (63 FR 640), USEPA clarified that if a container remains attached to the motive power that delivered it to the site, even if a facility accepts delivery, it would be in transportation, and the contents would not be subject to threshold determination. If the stationary source is utilizing the contents of a transportation container directly, in other words, the product is not being offloaded into a separate storage container, but rather directly connected for utilization in a process, that transportation container has become part of the process, regardless whether the motive power is still connected or not. Conversely, a container detached from the motive power that delivered it to the site is included as a part of the stationary source, regardless whether it is connected to another process or not.
From Federal EPA:
Are “tube” trailers considered a single process?
Tube trailers carry bulk liquids that are stacked in a rack type arrangement on the back of a truck trailer. This arrangement often is used to carry highly hazardous materials such as anhydrous hydrogen chloride. The tubes are manifolded together, but usually only one tube at a time is connected to a process for loading and unloading. Are “tube” trailers considered a single process?
If the “tube” trailers remain in transportation, the contents of the trailers are exempt from threshold determination. If the tubes no longer are in transportation, the entire grouping of tubes must generally be considered a single process, since they are co-located such that they could be involved in the same accident.
Amounts of regulated substances in a delivery truck’s tank
My stationary source has a process that contains a maximum of 4,000 lbs. of a regulated substance that has a 5,000 lb. threshold quantity. When the level of the regulated substance in the process reaches 1,000 lbs., a delivery truck comes on site and connects to the process to replenish the supply. The tank on the truck holds 10,000 lbs. of the regulated substance. Must I consider the amount of the regulated substance in the truck’s tank to be a part of my process while the transfer hoses are connected, and therefore complete an RMP for this process?
No, the regulated substance in the truck’s tank would not be considered part of your process. A regulated substance in a truck’s tank is considered “in transportation,” and thus not part of a source’s process, as long as the tank is attached to the truck’s motive power (i.e., its cab or engine). Since in your case the motive power remains attached to the tank, only the amount of regulated substance your source accepts must be counted towards the threshold quantity. Since your source will have no more than 4,000 lbs. of a regulated substance even after taking delivery, it will not exceed the threshold quantity for the substance.
PLEASE SEE my other articles on this topic: