The Journal of HazMat Transportation's™ Exclusive Comments on U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations

摘要

The questioner asks for clarification on what the HMR means by "ethanol" in 173.242, where deadlines are set on the use of DOT-111 rail tank cars used for unrefined petroleum (crude oil), ethanol, and all other flammable liquids. Under Section 7304 of the Fixing America's Surface Transportation Act or "FAST Act," Congress stepped in and mandated deadline limits on the use of DOT-111 rail tank cars for all flammable liquids. The deadlines mandated by the law were incorporated into the HMR by a subsequent rulemaking (i.e., HM-251C Final Rule, 81 FR53935, datedAugust 15,2016). Three sets of deadlines are imposed for these three categories of flammable liquids. Significantly, deadlines are set for the transport of ethanol irrespective of packing group and the deadlines for ethanol are different from those for other flammable liquids not specifically mentioned. For example, a non-jacketed DOT-111 (i.e., a non-CPC-1232, DOT 111 car) may not be used for ethanol of any packing group after May 1, 2023, whereas DOT-111s may be used for other flammable liquids of PG I, II, or III until May 1,2029.