{"operation":"document","citation":"03-0241","title":"Metropolitan Water District of Southern California — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-01-30","effective_on":null,"summary":"03-0241 response to Metropolitan Water District of Southern California concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0241.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0241.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0241","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030241.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nJAN 3 0 2004\nMs. Carol Kaufman\nRef. No. 03-0241\nSenior Environmental Specialist\nMetropolitan Water District of\nSouthern California\nLos Angeles, California 90012\nDear Ms. Kaufman:\nThis responds to your inquiry regarding the requirements for inspection and testing of MC-331\ncargo tanks containing chlorine under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). This is a follow-up to your telephone conversation with Phil Olson of our Office of\nHazardous Materials Technology regarding required inspection and testing requirements for\nDOT specification MC 331 cargo tank motor vehicles (CTMVs) as they relate to amendments\nadopted in a final rule published on April 18, 2003 [Docket HM-213, effective October 1, 2003].\nYou state that the Metropolitan Water District of Southern California (MWD), a public water\nprovider, uses DOT specification MC 331 CTMVs in chlorine service. Annually, in accordance\nwith §180.407, the MWD conducts a partial, visual external inspection of the steel cargo tank\n(insulation prevents a complete visual external inspection) and records the results in inspection\nreports. A visual internal inspection is not conducted concurrently, as every two years the cargo\npartial visual external inspection of an insulated MC 331 cargo tank used in chlorine service,\ntanks are subjected to hydrostatic pressure testing and leakage tests. You ask if the annual,\ncombined with pressure and leakage testing every two years, complies with the requirements at\n$180.407(d).\nSection 180.407 of the HIVIR contains the requalification requirements for DOT specification\nCTMVs. Paragraph (c) of this section includes a table that establishes test and inspection\nintervals for different types of CTMVs. Paragraphs (d) through (i) of this section describe how\neach required test and inspection must be performed. Section 180.407 must be read in its entirety\nin order to ascertain which tests and inspections are required for a specific CTMV.\nOn April 18, 2003, the Research and Special Programs Administration published a final rule [68\nPR 19258: Docket HM-213: effective October J\nneumatic testing of cargo tanks, where a visual inspection is precluded because the cargo tank i\nParagraph (d)(1) of $180.407 was revised to provide the correct references for hydrostatic an‹\nlined, coated, insulated or designed so as to prevent access for external or internal inspection.\n401\n030241\n180\n\n<<<PAGE 2>>>\n\nParagraph (d) of § 180.407 sets forth requirements for the performance of an external visual\ninspection. Paragraph (d)(1) generally requires an internal visual inspection in accordance with\nparagraph (e) of § 180.407 in place of the external visual inspection where insulation precludes\nperformance of the external visual inspection. The table in § 180.407(c) is consistent with\nparagraph (d)(1); in accordance with the table, insulated cargo tanks are required to have an\ninternal visual inspection every year. Note, however, that MC 331 CTMVs are excepted from\nthis requirement. Instead, MC 331 CTMVs are required to have an internal visual inspection\nevery five years.\nYou are correct that under the HMR, as amended by the HM-213 final rule, you need not perform\nan annual internal visual inspection of your insulated MC 331 CTMVs in place of the annual\nexternal visual inspection. An annual, partial visual external inspection, combined with pressure\nand leakage testing performed every two years in accordance with paragraphs (c), (g), and (h) of\n§ 180.407, satisfies the test and inspection requirements applicable to MC 331 CTMVs in\nchlorine service. We note that this test and inspection regimen includes an internal visual\ninspection as part of the pressure test. Taken together, the test and inspection procedures utilized\ny MWD assures frequent evaluation of the integrity of the cargo tank while minimizing\natmospheric exposure that could accelerate corrosion (which could be a potential consequence o\nan annual visual internal inspection).\nI hope this information is heipful. If we can be of further assistance, please contact us.\nSincerely,\nEdward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEngrum\nGorsky, Susan\n5180.407\nFrom:\nTo:\nSent:\nMonday, September 22, 2003 4:24 PM\nKaufman, Carol Y [cykaufman@mwdh2o.com]\nSubject:\nCc:\nFord, Rick; Guillory, Dan; Clark, John E\nGorsky, Susan\ncargo Tanks\nChlorine Cargo Tanks\nFW: Request for Concurrence Re: Inspection and Testing Requirements for DOT MC 331\nImportance:\nHigh\nHi Susan,\ncorrespondence requesting concurrence regarding the inspection and testing\nPer our discussion earlier this morning, below is the original e-mail\nrequirements\nfor DOT MC 331 Chlorine Cargo Tanks.\nearing back from you. If you have any questions, please do not hesitate t.\n'hank you again for your attention to this matter.\nI look forward to\ncontact me.\nCarol Kaufman\n(213) 217-6207\nFrom: Kaufman, Carol\n-Original Message-\nSent: Tuesday,\nTo: 'philip.olson@rspa.dot.gov\nSeptember 02, 2003 10:19 AM\nG\nCc: Clairday, John C; Clark, John E; Guillory, Dan; Ford, Rick; Beswick, Paul\nSubject: Request for Concurrence Re: Inspection and Testing Requirements\nfor DOT MC 331 Chlorine Cargo Tanks\nHi Mr. Olson,\nregarding\nnis 1s a follow-up to our August 25, 2003 telephone conversation\n331 Cargo Tanks as they relate to the amendments\nthe required inspection and testing requirements for DOT MO\nDepartment of Transportation (DOT),\nResearch\nsata adopted Programs\nAdministration (RSPA) on April 18, 2003.\nAs discussed, Metropolitan Water District of Southern California (MWD)\nis a public water provider\ntanks for chlorine service.\nHistorically in accordance with the\n• in its fleet DOT MC 331 cargo\nprovisions of 49 Code Of Federal Regulations (CFR), Section 180.407, we\non an annual basis (insulation prevents a complete visual external\nconduct a partial visual external inspection of the steel cargo tanks\ninspection) and record the results on our inspection reports. A visual\nthe\ninternal inspection is not conducted concurrently, as every two years\nleakage\ncargo tanks are subjected to hydrostatic pressure testing and\ncheck of tank integrity and the opportunity for a visual inspection of\nThis bi-annual testing provides the necessary safety\nthe internal area of the steel cargo tanks, while minimizing the\n(which could be a potential consequence of an annual visual internal\nfrequency of atmospheric exposure which could accelerate corrosion\ninspection).\n1.80.407 (d) specifically stated that; \"Where insulation precludes\n2003 amendments, the wording in 49 CFR Section\nexternal visual inspection, the cargo tank, other than an MC 330 or MC\nin the recent amendments the entire wording of this section was\n331 cargo tank, must be given a visual internal inspection...\".\n\n<<<PAGE 4>>>\n\nmodified,\ndoes not appear in the amended section.\nin so doing, the wording excepting the MC 331 cargo tanks\ninspection and testing provisions\nidentified in the Section 180.407 (c)\nHowever, based\nTable,\ncoupled with\nit appears that the previous annual visual external inspection\npractice.\nAdditionally, a new requirement to conduct visual internal\nbi-annual pressure\ntesting continues to be a compliant\ninspections of the MC 330 ox MC 331 cargo tanks would have been a\npreamble\nsignificant amendment, and therefore, would have been called out in the\npublication, which it was not.\nto\nthe specific regulatory changes in\nthe Federal Register\nMetropolitan is asking for your concurrence in our understanding of the\ninspection and testing requirements as they were amended on April 18,\nvisual external inspections for MC 331 cargo tanks, combined with\nSpecifically,\nit is our understanding that the annual partial\npressure and leakage testing every two years continue to\nbe in compliance with the 49 CFR Section 180.407 requirements.\nhearing back from you regarding this issue. If you have any questions,\nThank you for your attention in this matter.\nWe look forward tö\nplease do not hesitate to contact me.\nCarol Kaufman\nMetropolitan Water District of Southern California\nSenior Environmental Specialist\nLos Angeles,\n700 N. Alameda St..\n(213) 217-6207\nCA 90012\nFAX. (213) 217-6700\ncykaufman@mwdh2o.com","truncated":false,"body_characters":8303}