Railroad Commission of Texas Gas Services Division — Hazardous Materials Safety Interpretation

Page 1: of Transportation U.S. Department DEC 3 2003 400 Seventh St., S.W. Research and Washington, D.C. 20590 Administration Special Programs Mr. Richard L. Gilbert Railroad Commission of Texas File No.: 020006 Gas Services Division P. O. Box 12967 Austin, TX 78711-2967 Dear Mr. Gilbert: This responds to your letter regarding clarification of the compliance dates in § 173.315(n)(5)(ii) as they apply to appropriate emergency discharge control capability liquefied compressed gas. I apologize for the delay in responding and hope it has not applicable to MIC 330, MC 331, or non-specification cargo tanks authorized to transport caused any inconvenience. You asked: Q1. Are cargo tank motor vehicles that have been repaired or modified to the extent that a pressure test is needed also required, as specified in § 173.315(n)(5)(ii), to meet the emergency discharge control retrofit requirement before they can be placed back into service? A1. The compliance dates specified in $ 173.315(n) 5)(il) apply to the requalification of a cargo tank motor vehicie, and not to a cargo tank that has been repaired or modified and requires a pressure test. However, if the pressure test associated with a repair or modification is also used as a requalification test and to establish a new control retrofit. retest date, such requalification triggers the requirement for emergency discharge A requalified cargo tank motor vehicle in liquefied compressed gas service must be equipped with an emergency discharge control capability at the date of its first scheduled pressure test after July 1, 2001. An MC 330, MC 331, or non- specification cargo tank motor vehicle may not be operated after July 1, 2006, unless it has been equipped with emergency discharge control equipment as 2001, must be certified by a Design Certifying Engineer that it meets the specified in § 173.315(n). Each passive shut-off system installed prior to July 1, requirements of § 173.315(n)(2). Q2. May an operator arbitrarily have a pressure test performed on a vehicle prior to the next scheduled pressure retest date and thereby delay the retrofit requirement until July 1, 2006? • 113. 315(1) 020006#

Page 2- A2. The answer is no. As specified in 173.315(n)(5)(ii), an MC 330, MC 331, or non- scheduled pressure retest date has no bearing on this date. pecification may not be used unless the cargo tank is repaired and retested in 1 specification cargo tank that for any reason no longer meets the applicabl materials service. Each cargo tank must be tested and inspected as specified in accordance with §$ 180.407 and 180.413 prior to being returned to hazardous accordance with the §180.407 by an inspector meeting the qualifications of § 180.409. Q3. Is it the intent of this rule to require that the emergency discharge control capability be installed anytime a pressure test is performed after July 1, 2001? A3. See answer "A1." I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Susan G. Gorsky Senior Transportation Specialist Office of Hazaardous Materials Standards#

Page 3MICHAEL L. WILLIAMS, CHAIRMAN TONY GARZA, COMMISSIONER CHARLES R. MATTHEWS, COMMISSIONER STEPHEN L. PITNER DIVISION DIRECTOR ASSISTANT DIRECTOR BYRON CAFFEY LP-GAS SAFETY RAILROAD COMMISSION OF TEXAS Engrum GAS SERVICES DIVISION §173.315 (k) November 6, 2001 Cargo Tanks Mr. Edward T. Mazzullo 02-0006 Director, Office of Hazardous Materials Standards . 0071 Street SW J.S. DOT/RSPA (DHM-10 Washington, D.C. 20590-0001 RE: MC330, MC 331 or non-spec cargo units under 173.315(k) authorization Dear Mr, Mazzullo: on the above referenced motor vehicles. This equipment is to be installed "no later than the date 173.315 (n) (5) (ii) requires an appropriate emergency discharge control capability to be installed of its first scheduled pressure retest required after July i, 2001" and all affected vehicles must have this capability installed by July 1, 2006. I have the following questions concerning this requirement: 1. Are vehicles that have been repaired or modified to the extent that a pressure test is needed, also required to meet the emergency discharge control retrofit requirement before they can be placed back into service? 2. May an operator arbitrarily have a pressure test performed on a vehicle prior to the next 2006? scheduled pressure retest date and thereby delay the retrofit requirement until July 1, 3. Is it the intent of this rule to require that the emergency discharge control capability be installed anytime a pressure test is performed after July 1, 2001? Sincerely, Richard L. Gilbert Program Specialist 1201 NORTH ONE A 246- ALI PLOT POSTATE TAX 5121463-6921#