This past week I learned that what used to be allowed only under a “special permit” is now part of the regulation for unloading (and loading) HAZMATs. It was very popular during my time as a safety/PSM manager and all my plants applied for and received the DOT Special permit(s) to unload both Railcars and Tanker Trucks of HAZMATs. But now, plants do not have to apply for a special permit as DOT has written all their “special permit” requirements into their “Attendance Requirements”. But as attractive as it may sound, these video monitoring requirements come with some very specific requirements that we almost always find errors/gaps in its implementation. Here is what the regulation says…
(emphasis by me)
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(i) Attendance requirements – (1) Loading. A cargo tank MUST BE ATTENDED by a QUALIFIED PERSON at all times when it is BEING LOADED. The person who is responsible for loading the cargo tank is also responsible for ensuring that it is so attended. (2) Unloading. A motor carrier who transports hazardous materials by a cargo tank must ensure that the CARGO TANK IS ATTENDED BY A QUALIFIED PERSON AT ALL TIMES DURING UNLOADING. However, the carrier’s obligation to ensure attendance during unloading ceases when: (i) The carrier’s obligation for transporting the materials is fulfilled; (ii) The cargo tank has been placed upon the consignee’s premises; and (iii) The motive power has been removed from the cargo tank and removed from the premises. (3) A qualified person “attends” the loading or unloading of a cargo tank only if, THROUGHOUT THE PROCESS: (i) Except for unloading operations subject to §§ 177.837(d) and 177.840(p) and (q), the qualified person is within 7.62 m (25 FEET) of the cargo tank. The qualified person attending the unloading of a cargo tank MUST BE ALERT and have an UNOBSTRUCTED VIEW OF THE CARGO TANK AND DELIVERY HOSE to the maximum extent practicable during the unloading operation; or (ii) The qualified person observes all loading or unloading operations by means of video cameras and monitors or instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment located at a remote control station, AND the loading or unloading system is equipped as follows: (A) For a video monitoring system used to meet the attendance requirement, the camera must be mounted so as to provide an UNOBSTRUCTED VIEW of ALL EQUIPMENT INVOLVED IN THE LOADING OR UNLOADING OPERATIONS, including ALL VALVES, HOSES, DOMES, AND PRESSURE RELIEF DEVICES; (B) For an instrumentation and signaling system used to meet the attendance requirement, the system must provide a surveillance capability at least equal to that of a human observer; (C) Upon loss of video monitoring capability or instrumentation and signaling systems, loading or unloading operations MUST BE IMMEDIATELY TERMINATED; (D) Shut-off valves operable FROM THE REMOTE CONTROL STATION must be provided; (E) In the event of a remote system failure, a qualified person must immediately resume attending the loading or unloading of the cargo tank as provided in paragraph (i)(3)(i) of this section; (F) A containment area must be provided capable of holding the contents of as many cargo tank motor vehicles as might be loaded at any single time; and (G) A qualified person must personally conduct a visual inspection of each cargo tank motor vehicle after it is loaded, prior to departure, for any damage that may have occurred during loading; or (iii) Hoses used in the loading or UNLOADING OPERATIONS are equipped with cable-connected wedges, plungers, or flapper valves located at each end of the hose, able to stop the flow of product from both the source and the receiving tank WITHIN ONE SECOND WITHOUT HUMAN INTERVENTION in the event of a hose rupture, disconnection, or separation. … (4) A person is “qualified” if he has been made aware of the nature of the hazardous material which is to be loaded or unloaded, has been instructed on the procedures to be followed in emergencies, and except for persons observing loading or unloading operations by means of video cameras and monitors or instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment located at a remote control station and persons inspecting hoses in accordance with paragraph (i)(3)(iii) of this section, is authorized to move the cargo tank, and has the means to do so. |
But here is a catch… all of these requirements apply ONLY when the tanker is still attached to the tractor (i.e. motive power). We are splitting hairs here, but DOT has made it clear that when the trailer is “dropped” and is standing alone without a tractor attached then the HMR does not apply.
But before we get too excited because the HMR does not apply to “dropped trailers” we need to understand what rules could apply.
A tanker of Toluene will carry around 50,000 pounds of the flammable liquid; this means it exceeds the PSM threshold of 10,000 pounds of flammable liquids.
So does this mean the dropped trailer is a PSM-covered process? After all the DOT tankers are NOT atmospheric storage tanks:
- MC 306 maximum operating pressure of up to 3 psi
- DOT 406 maximum operating pressure of up to 4 psi
So a “dropped trailer” that has over 10,000 pounds of a flammable liquid with a flashpoint below 100 °F (37.8 °C) on-site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more is in fact a PSM covered process. So the loading or unloading of this flammable liquid would fall under the PSM standard, which would require PSI, PHA, SOPs, and Training for the operation.
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Question #4: Are railroad cars and tractor trailers containing more than the threshold quantity, of a highly hazardous chemical and remaining in a facility for a period of time, covered under 1910.119? How will a company know if a hazard analysis has been performed on a rail car or tractor trailer? How will a company know if the requirements under the mechanical integrity sections have been followed by the owner of the rail car or tractor trailer rig? Reply: Commercial railroad tank cars and commercial tank motor vehicles (CTMVs) WHEN REMAINING ON A WORKSITE AND USED TO STORE THRESHOLD QUANTITIES OR GREATER AMOUNTS OF SPECIFIED HHCS ARE COVERED BY THE PSM STANDARD. Please note that these railroad tank cars and tank motor vehicles are covered by the PSM standard to the extent that they are not covered any other regulatory authority. For example, the Hazardous Material Regulations of the Department of Transportation (DOT) (see 49 CFR Subchapter C and particularly, Part 177-Carriage by Public Highway) cover CTMVs. These DOT regulations cover cargo tank design, construction, maintenance (including repairs) and certain operations of CTMVs. Generally speaking if the cars are considered “in transit” by DOT, OSHA will defer jurisdiction to DOT. |