{"operation":"document","citation":"02-0339","title":"Occupational Safety and Health Administration — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-05-21","effective_on":null,"summary":"02-0339 response to Occupational Safety and Health Administration concerning 171.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0339.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0339.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0339","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020339.pdf","body":"<<<PAGE 1>>>\n\n•\n•\nMemorandum\nUS Deportment\nof Transponation\nResearch and\nSpedal Programs\nAdministration\nDale\nMAY 2 1 2002\nReply to Arn of.\nSubject\nINFORMATION:: Response to Request for Review\nDelmer F. Billings, Chief\nFrom\nStandards Development, OHMS\nTo\nMike Marshall\nOccupational Safety and Health Administration\nOffice of General Industry Compliance Assistance\nThis is iin reference to your facsimile dated February 7, 2002 and our telephone conversation,\nconcerning the storage of Compressed Natural Gas (CNG) in DOT 3AA cylinders. Specifically, you\nasked if a cylinder made in conformance with a specification listed in the table in § 173.34(e)(13) and\nused exclusively in CNG service, instead of a periodic hydrostatic retest, be given a complete external\nvisual inspection at the time periodic retest becomes due. In addition, you requested our office to\nreview your draft of interpretation.\nWe suggest that the following language and/or corrections be used in your response:\nReply to Question number li\nThe Department of Labor's Occupational Safety and Health Administration (OSHA) workplace health\nand safety requirements apply to the storage of CNG in DOT 3 AA specification cylinders. In addition,\nyour cylinders must conform to DOT regulatory requirements applicable to the maintenance and\nrequalification of DOT 3AA cylinders. The Hazardous Materials Regulations (HMR; 49 CFR Parts\n171 - 180) apply to the transportation of hazardous materials in commerce, including packaging\nauthorized for such transportation. Packaging manufactured in accordance with HMR requirements\nmust be marked to indicate conformance with the specific requirements applicable to the packaging.\nThe OSHA regulations incorporate the HMR by reference; thus, the OSHA standards also require\nDOT specification 3AA cylinders used for storage to be maintained and requalified in accordance with\nthe HMR requirements. Further, cylinders used to transport hazardous materials in commerce are\nsubject to HIMR and may not be offered or transported unless they are maintained and requalified in\naccordance with the HMR.\n\n<<<PAGE 2>>>\n\n* OSHA/DOT Requirements\nAs your facsimile notes, the visual inspection requirements in §173.34(e)(10) of the HMR are for\ncylinders used exclusively for materials specifically listed. However, the provision allowing performance\nof a visual inspection instead of a hydrostatic test applies only to cylinders used exclusively for the\nmaterials specifically listed in the table is contained in §173.34(e)(13). The material, CNG you\nidentified is not listed in the table. Therefore, cylinders used exclusively for CNG service does not\nqualify for the five-year complete external visual inspection in §173.34(e)(13). Thus, the hydrostatic test\nas specified in the§173.34(e) table must be used.\nWith regard to your reference to the Compressed Gas Association (CGA) pamphlets, C-6 and C-8,\nSection 173.34(e)(3) of the HMR prescribes that a DOT specification cylinder must be visually\ninspected, internally and externally, in accordance with CGA Pamphlets C-6, C6.1, C 6.2, as\napplicable. CGA pamphlet C-8 applies to requalification of 3HT specification cylinders thus would\nnot be applicable to DOT 3AA specification cylinders, as noted in your letter. In addition, the CGA\npamphlets are specifically listed in the §171.7 table which sets forth materials (e.g. CGA pamphlets)\nincorporated by reference into the HMR. Therefore, as prescribed under 173.34(e)(2)(v)(C), the\npamphlet maintained must be the edition incorporated by reference in §171.7.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice\n#\n\n<<<PAGE 3>>>\n\n02/27/02\nWED 11:28 FAX 202 693 1628\nOSHA/DER/GICA\nB00i-\nFAX MESSAGE\nOCCUPATIONAL SAFETY and HEALTH ADMINISTRATION\nOFFICE of GENERAL INDUSTRY COMPLIANCE ASSISTANCE *\n200 CONSTITUTION AVENUE, N.W., N-3107\nWASHINGTON, D.C. 20210\nPHONE: (202) 693-1850\nFAX: (202) 693-1628\nPlease deliver the following document to:\nNAME: Sandra Webb\nOFFICE:\nDOT - RIPA\n=\nPHONE: 31010-3072\nFAX:\n366-3012\nTotal number of pages (including this page): 5\nFROM:\nMike Marshall.\nPHONE:\nOSHA\ncomments: Sawdra: Per your vorcemeil. Have is\nmy draft on\nviles, Lex an. Plane take a lost at my enterp of your\nme too if these ENd cylinters one reformed\nto be hudiod And have visuals internal enterval espections.\nAlso whather I' off buse on ary other siles.\nThank\nPLEASE CALL IMMEDIATELY IF THIS FAX IS INCOMPLETE OR ILLEGIBLE.\nMike\n\n<<<PAGE 4>>>\n\n02/27/02 NED 11:30 FAX 202 693 1628\nOSEA/DCP/GICA\n- -\nD00z\nOriginal Draft -CNG Fueling Station 1910.101 D-113-1\nMILM January 25, 2002\nInitials\nDase\nLast Name\nMarshall\nWilkins\nProbert\nOffice Symbol o\nBuchanan\nPairfes\nGICA\nGICA\nSlattery\nDCP\nVassale\nGICA\nSothiem\nDCP\nDSSP\nSOL\nDCP\nOSCAL MARSHALL\\1/25/021N31021693-21791D #113\npilmarshalls on \"Daffy\" (:)Iwplwp61 lundocs gicalinterps|CNG Fueling Station 1910.101D-113-1\n(Vassalo) Elveston (HSAOJALL RASIOTI (Hovicz) HR/EPA-CEPPO (C. Mathiessen)ICHROMSUBJECTDO\n:FAIRFANGALASSABUCHANANARSHALLI ALL SAA SIEGFRIEDI WILKENSIS STANDARDSISOL\nSubmit to OCIS & DCP Homepaze\nSEE WHITE COPY for SUPPORTING REFERENCES\nDCP/GICAMLM/D-113\nMr. Hank Seiff, P.E.\nDirector of Technology\nThe Natural Gas Vehicle Coalition\n400 North Capitol Street, NW\nWashington, DC 20001\nDear Mr. Seiff.:\nThank you for your November 9, 2001-Ietter to the Occupational Safety and Health\nAdministration's (OSHA's) Directorate of Compliance Programs (DCP). You have questions\nregarding OSHA's Compressed Gasses (General Requirements) Standard, $1910.101. Please be\naware that this response may not be applicable to any question or situation not delineated within.\napplication of a latter version of a document which is incorporatod by reference into OSHA\nScenario: U.S. Department of Transportation (DOT) 3 AA cylinders are used for storage of bigh\npresure gas at some CNG vehicular refueling stations.\nQuestion #1: Does OSHA have any requirements or guidelines for station operators on the\ninspection and maintenance of these fuel storage cylinders?\nReply: First, OSHA would have jurisdiction over the situation you describe. The DOT 3AA\nto enforce its regulations over the storage of CNG in cylinders at the described locations.\n\n<<<PAGE 5>>>\n\n02/27/02 TED 11:30 FAI 202 893 1628\nOSHA/DCP/GICA\n฿003\n1 7\npopeline\nConsequently, there is no pre-emption of OSHA authority and OSHA would enforce its\n•workplace health and safety regulations over the situation you describe.\n7\nOSHA/DOT Requirements\nWhile OSHA has not published any guidelines on the situation you describe, we do have\nregulations related to the inspoction and maintenance of compressed gas cylinders, which include\nCNG cylinders. OSHA has incorporated by reference DOT Hazadous Materials Regulations, 49\nCFR Parts 171-179 (ammended January 1, 1970). Part of OSHA regulation §1910.101(a)'\nrequires station operators/employers to determine that compressod gas cylinders under their\ncontrol are in a safe condition to the extent that the cylinders' mechanical integrity can be\ndeterminod by visual inspection. OSHA and DOT recognize that based on the service of the\ncylinder, i.e., material, pressure, etc. a visual inspection alone may be insufficient to determine the\nmechanical integrity of a compressed gas cylinder. Therefore, an employer may not be able to\nadaquately determine the condition of their cylinder(s) based merely on a visual inspection.\nTherefore, OSHA and DOT require visual and other inspections as prescribed in the refcrenced\nDOT regulations. DOT has a regulation, 49 CFR 173.34, Qualification, Maintenance and Use of\nCylinders (a copy of this section of the 1970 incorporated standard is attached), which is\napplicable to your question. In particular, 49 CFR §173.34(e), Periodic relesting and reinspeciion\nof cylinders, requires periodic retesting of DOT 3AA cylinders every 5 years. This requirement\nwould be applicable to DOT 3AA cylinders containing CNG. Further, 49 CFR §173.34(c)(1)°\nspecifies criteria to be included in a periodic relest and also requires a visual internal and external\nexamination.\nAs stated in the previous paragraph, in addition to byrostatic retesting, 49 CFR §173.34(e)(1)\nrequires a visual internal and external examination of DOT cylinders. While the particular DOT\n1970 standard does not specify the criteria for the interal and external examinations, the current\nDOT standard, 49 CFR 173.34(e) 3)', Visual Inspection, (see the website\nhttp://63.141.231.97/cgi-bin/om_isapi.dil/infobase=petdordsoftpagc=Doc_Frame_842 for the\ncurrent version of this regulation) does specify criteria for these inspections. Based on the 1970\nDOT incorporated standard requirement to conduct interpal and external visual inspections,\n29 CFR 1910.101(a) Inspection of compressed gas cylinders. Each employer shall devermine\nbe derermined by visual inspection. Visual and other inspecsions shall be conducted as prescribed\nthat compressed gas cylinders under his control are in a sofe condition to she extens that this can\n179 and 14 CFR part 103). Where those regulasions are nos applicable, visual and other\nin the Hazardous Materials Regulations of the Departmens of Transportation (19 CFR parts 171-\n1968 and C-8-1962, which is incorporaled by reference as spectfied in Sea. 1910.6.\ninspections shall be conducted in accordance with Compressed Gas Assoclation Pamphless C-6\n2\n49 CFR 173.34(eX(I) This periodie reless muss include a visual internal and external\napparatus of suilable form for the delermination of the expansion of the cylinder....\nexaminatioon logether with a test by interior hydrostatic pressure in a waler jacket or other\n49 CFR 173.34(eX3) Visual Inspection. Exceps as otherwise provided in this section, each time a\ncylinder is relessed, it must be visually inspecied, insernally and exserally, in accordance with\nrejected or condemned according to the criteria in the applicable CGA pamphleh..\nCGA Pamphless C-6, C-6.I, C-6.2, or C-6.3, as applicable. The cylinder must be approved.\n\n<<<PAGE 6>>>\n\n02/27/02 WED 11:30 FAX 202 693 1628\nOSHA/DCP/GICA\n21001\n• OSHA requires employers in this case to conduct these inspections as prescribed by established\ninspection criteria required by the current DOT standard 49 CFR 173.34(e)(3).\nThe OSHA incorporated standard, 49 CFR $173.34(e)(10) is not applicable to CNG cylinders la\nhis case because your CNG cylinders do not meet the listed service criteria (\"...listed in the tabl\nbelow and used exclusively in the service (emphasis addod] Indicated..\"). This table only lists the\nused exclussively for services of liquified petroleum gas, anhydrous ammonia, fluorinated\nservice materials.\nhydrocarbons, butadiene, and liquified hydrocarbon gas - CNG is not one of these specified\nProcess Safety Management SVD Requirements\nOSHA has another standard which may apply to the the inspection and maintenance of the subject\ncylinders. OSHA's PSM standard, 29 CFR 1910.119 would apply to the situation you describe -\nthe storage and bandling of flammable gases (c.g. CNG) when an amount of flammable gas exist\nin a process equal to or greater than 10,000 pounds [threshold quantity (TQ) for flammable gas].\ncylinders are not interconnected but are in close proximity/co-located, their amounts are\nthe release of the contents of the non-interconnected cylinders.\naggregated if it is determined by the employer that an event such as a fire or explosion could cause\nWhen a PSM-covered process does exist and none of the exemptions apply (i.e. bydrocarbon\nfuels exemption, 29 CFR 1910.119(a)(1)(ii)(A), retail facilities exemption 29 CFR\n1910.119(a)(2)(i), etc.), OSHA's PSM standard, 29 CFR 1910.119(), Mechanical Integrity,\nspecifically applies to the inspection, testing and maintenance of these cylinders. This particular\nstandard among other requirements, requires employers to conduct inspections and testing on\nPSM-covered equipment pes recognized and generally accepted good engineering practices\n(RAGAGEP) - 1910.1190)(4)(ii)*. PSM is a performance oriented standard and therefore, OSHA\ndoes not specify the RAGAGEP employers utilize for their workplace application. PSM is a safety\nmanagement standard. The standard requires employers to specify which codes and standards they\nemploy (1910.119(d)(3)()(F), including RAGAGEP applications for PSM-covered inspections,\ntesting, and maintenance. After the employer specifies which standard they utilize for the\ninspection of their cylinders, they are required to implement the provisions of the RAGAGER.\nWith respect to compressed gas cylinder inspection and testing, OSHAPSM does not specify or\nbenchmark the DOT Hazardous Materials Regulations as the only RAGAGEP. Based on input\nfrom stakeholders, OSHA stated in the PSM final rule (see F.R., Volume 57, No. 36, pg 6390)\nthat it did not intend to incorporate by reference into PSM all the codes and standards published\nby consensus groups. Therefore, in evaluating whether an employers engineering practices with\nrespect to compressed gas cylinder inspection and testing complies with PSM, OSHA would\nconsider among other factors, whether the employer meets the requirements of the current DOT\n49 CFR 173.34, Qualification, Maintenance and Use of Cylinders regulations.\naccepled good enginecring proctices.\n1910.119GX4)(ii) Inspecsion and lessing procedures shall follow recognized and generally\n\n<<<PAGE 7>>>\n\n02/27/02 NED 11:31 FAX 202 693 1628\nOSHA/DCP/GICA\nB005\nThe PSM standard is a performance-oriented standard. When not specified, the employer has\nflexibility in complying with the requirements of PSM, including recognized and generally\naccepted good engineering practices.\nThe previous discussion has focused on employer requirements under PSM for the inspection,\ntesting and maintenance of DOT cylinders. Please note, when these cylinders are in a PSM-\ncovered process, the employer must comply with all elements of PSM.\nQuestion #2: What is OSHA's position on whether an employer may follow latter versions of the\nCompressed Gas Associations (CGA) pamphlets?\nResponse: The Last sentence in 29 CPR 1910.101(a) specifies thai visual and o\nhall be conducted in accordance with CGA Pamphlets C-61968 and C-8-19\nctions\nopening statement in this same sentence states, \"Where those regulations are n\nver, the\nIn your case, DOT regualtions are applicable, therefore, this third sentence in 19. urune) is not\nble....\".\napplicable to you. As noted in the Response to the above question, CGA phamphlets are specified\nin DOT's current regulation 49 CFR 134(e)(3) for the visual inspection of cylinders. In this case,\nOSHA would require compliance with the current DOT regulation which spocifies latter versions\nof the CGA pamphlets for establishing inspection criteria for the visual inspection of compressed\ngas cylinders.\nThank you for your interest in occupational safety and health. We hope you find this information\nhelpful. Please be aware that the enforcement guidance contained in this response represents the\nviews of OSHA at the time the letter was written based on the facts of an individual case,\nquestion, or scenario and is subject to periodic review and clarification, amplification, or\ncorrection. It could also be affected by subsequent rulemaking; past interpretations may no longer\nbe applicable. In the future, should you wish to verify that the guidance provided herein remains\ncurrent, you may consult OSHA's website at http://www.osha.gov. If you have any furthes\nquestions, please feel free to contact the Office of General Industry Compliance Assistance at\n(202) 693-1850.\nSincerely,\nRichard E. Fairfax, Director\nDirectorate of Compliance Programs Assistance\nSupperting References:\nOSHA Standards\n1. 1910.101(a)","truncated":false,"body_characters":15695}