Metropolitan Water District of Southern California — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration JAN 3 0 2004 Ms. Carol Kaufman Ref. No. 03-0241 Senior Environmental Specialist Metropolitan Water District of Southern California Los Angeles, California 90012 Dear Ms. Kaufman: This responds to your inquiry regarding the requirements for inspection and testing of MC-331 cargo tanks containing chlorine under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). This is a follow-up to your telephone conversation with Phil Olson of our Office of Hazardous Materials Technology regarding required inspection and testing requirements for DOT specification MC 331 cargo tank motor vehicles (CTMVs) as they relate to amendments adopted in a final rule published on April 18, 2003 [Docket HM-213, effective October 1, 2003]. You state that the Metropolitan Water District of Southern California (MWD), a public water provider, uses DOT specification MC 331 CTMVs in chlorine service. Annually, in accordance with §180.407, the MWD conducts a partial, visual external inspection of the steel cargo tank (insulation prevents a complete visual external inspection) and records the results in inspection reports. A visual internal inspection is not conducted concurrently, as every two years the cargo partial visual external inspection of an insulated MC 331 cargo tank used in chlorine service, tanks are subjected to hydrostatic pressure testing and leakage tests. You ask if the annual, combined with pressure and leakage testing every two years, complies with the requirements at $180.407(d). Section 180.407 of the HIVIR contains the requalification requirements for DOT specification CTMVs. Paragraph (c) of this section includes a table that establishes test and inspection intervals for different types of CTMVs. Paragraphs (d) through (i) of this section describe how each required test and inspection must be performed. Section 180.407 must be read in its entirety in order to ascertain which tests and inspections are required for a specific CTMV. On April 18, 2003, the Research and Special Programs Administration published a final rule [68 PR 19258: Docket HM-213: effective October J neumatic testing of cargo tanks, where a visual inspection is precluded because the cargo tank i Paragraph (d)(1) of $180.407 was revised to provide the correct references for hydrostatic an‹ lined, coated, insulated or designed so as to prevent access for external or internal inspection. 401 030241 180#

Page 2Paragraph (d) of § 180.407 sets forth requirements for the performance of an external visual inspection. Paragraph (d)(1) generally requires an internal visual inspection in accordance with paragraph (e) of § 180.407 in place of the external visual inspection where insulation precludes performance of the external visual inspection. The table in § 180.407(c) is consistent with paragraph (d)(1); in accordance with the table, insulated cargo tanks are required to have an internal visual inspection every year. Note, however, that MC 331 CTMVs are excepted from this requirement. Instead, MC 331 CTMVs are required to have an internal visual inspection every five years. You are correct that under the HMR, as amended by the HM-213 final rule, you need not perform an annual internal visual inspection of your insulated MC 331 CTMVs in place of the annual external visual inspection. An annual, partial visual external inspection, combined with pressure and leakage testing performed every two years in accordance with paragraphs (c), (g), and (h) of § 180.407, satisfies the test and inspection requirements applicable to MC 331 CTMVs in chlorine service. We note that this test and inspection regimen includes an internal visual inspection as part of the pressure test. Taken together, the test and inspection procedures utilized y MWD assures frequent evaluation of the integrity of the cargo tank while minimizing atmospheric exposure that could accelerate corrosion (which could be a potential consequence o an annual visual internal inspection). I hope this information is heipful. If we can be of further assistance, please contact us. Sincerely, Edward T. Mazzullo Director, Office of Hazardous Materials Standards#

Page 3Engrum Gorsky, Susan 5180.407 From: To: Sent: Monday, September 22, 2003 4:24 PM Kaufman, Carol Y [cykaufman@mwdh2o.com] Subject: Cc: Ford, Rick; Guillory, Dan; Clark, John E Gorsky, Susan cargo Tanks Chlorine Cargo Tanks FW: Request for Concurrence Re: Inspection and Testing Requirements for DOT MC 331 Importance: High Hi Susan, correspondence requesting concurrence regarding the inspection and testing Per our discussion earlier this morning, below is the original e-mail requirements for DOT MC 331 Chlorine Cargo Tanks. earing back from you. If you have any questions, please do not hesitate t. 'hank you again for your attention to this matter. I look forward to contact me. Carol Kaufman (213) 217-6207 From: Kaufman, Carol -Original Message- Sent: Tuesday, To: 'philip.olson@rspa.dot.gov September 02, 2003 10:19 AM G Cc: Clairday, John C; Clark, John E; Guillory, Dan; Ford, Rick; Beswick, Paul Subject: Request for Concurrence Re: Inspection and Testing Requirements for DOT MC 331 Chlorine Cargo Tanks Hi Mr. Olson, regarding nis 1s a follow-up to our August 25, 2003 telephone conversation 331 Cargo Tanks as they relate to the amendments the required inspection and testing requirements for DOT MO Department of Transportation (DOT), Research sata adopted Programs Administration (RSPA) on April 18, 2003. As discussed, Metropolitan Water District of Southern California (MWD) is a public water provider tanks for chlorine service. Historically in accordance with the • in its fleet DOT MC 331 cargo provisions of 49 Code Of Federal Regulations (CFR), Section 180.407, we on an annual basis (insulation prevents a complete visual external conduct a partial visual external inspection of the steel cargo tanks inspection) and record the results on our inspection reports. A visual the internal inspection is not conducted concurrently, as every two years leakage cargo tanks are subjected to hydrostatic pressure testing and check of tank integrity and the opportunity for a visual inspection of This bi-annual testing provides the necessary safety the internal area of the steel cargo tanks, while minimizing the (which could be a potential consequence of an annual visual internal frequency of atmospheric exposure which could accelerate corrosion inspection). 1.80.407 (d) specifically stated that; "Where insulation precludes 2003 amendments, the wording in 49 CFR Section external visual inspection, the cargo tank, other than an MC 330 or MC in the recent amendments the entire wording of this section was 331 cargo tank, must be given a visual internal inspection...".#

Page 4modified, does not appear in the amended section. in so doing, the wording excepting the MC 331 cargo tanks inspection and testing provisions identified in the Section 180.407 (c) However, based Table, coupled with it appears that the previous annual visual external inspection practice. Additionally, a new requirement to conduct visual internal bi-annual pressure testing continues to be a compliant inspections of the MC 330 ox MC 331 cargo tanks would have been a preamble significant amendment, and therefore, would have been called out in the publication, which it was not. to the specific regulatory changes in the Federal Register Metropolitan is asking for your concurrence in our understanding of the inspection and testing requirements as they were amended on April 18, visual external inspections for MC 331 cargo tanks, combined with Specifically, it is our understanding that the annual partial pressure and leakage testing every two years continue to be in compliance with the 49 CFR Section 180.407 requirements. hearing back from you regarding this issue. If you have any questions, Thank you for your attention in this matter. We look forward tö please do not hesitate to contact me. Carol Kaufman Metropolitan Water District of Southern California Senior Environmental Specialist Los Angeles, 700 N. Alameda St.. (213) 217-6207 CA 90012 FAX. (213) 217-6700 cykaufman@mwdh2o.com#