Wisconsin Propane Council — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 00 Seventh Street, S.v Vashington, D.C. 2059 Pipeline and DEC 28 2006 Hazardous Materials Safety Administration Mr. Ronald Sutherland Ref. No.: 06-0279 Wisconsin Propane Council 2308 Jubilee Drive Green Bay, WI 54311 Dear Mr. Sutherland: This is in response to your December 20, 2006 letter regarding labeling and placarding requirements for bulk packagings under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask a series of questions regarding transportation of a liquefied petroleum gas (LPG) storage container that is constructed to the American Society of Mechanical Engineers (ASME) Code and is for permanent installation on consumer premises. You state that the tanks generally have a capacity of 500 or 1,000 include pictures of these bulk propane storage containers loaded on tank setting trailers gallons and satisfy the conditions of § 173.315() for LPG storage containers. You and flat bed trucks. Your questions are summarized and answered as follows: Q1: Does an LPG bulk storage container meet the definition of "portable tank" as defined in § 171.8 or "other bulk packaging" as referenced in §§ 172.331 and 172.514? Al: An LPG bulk storage container that meets the conditions of § 173.315(j) and is built defined in § 171.8. A bulk storage container meeting the conditions set forth in in compliance with section VIII of the ASME Code is not considered a portable tank as § 173.315(j) is considered a non-specification bulk packaging, or "other bulk packaging" for hazard communication requirements of Part 172. Q2: Is an LPG bulk storage container subject to labeling requirements for a bulk less than 18m° (640 cubic feet) as specified in § 172.400(a)(2); or, is it subject o the packaging, other than a cargo tank, portable tank, or tank car, with volumetric capacity of labeling requirements for portable tanks specified in § 172.400(a)(3)? A2: The LPG bulk storage container is subject to the labeling requirements for bulk packagings specified in § 172.400(a)(2). See A1. placarded in accordarice with Subpart F of Part 172? Q3: Is an LPG bulk storage container required to be labeled if the tank setting trailer is A3: Yes. A bulk packaging, other than a cargo tank, portable tank, or tank car, with a volumetric capacity of less than 18m' (640 cubic feet) is required to be labeled in 72.315( 72.700 060279 172.514#

Page 2accordance with § 172.400(a)(2) unless the packaging itself is placarded in accordance with Subpart F of Part 172. Q4: Is an LPG bulk storage container eligible for the placarding exception in § 172.514(c)(3) for a bulk packaging, other than a portable tank, cargo tank, cr tank car? § 172.514(c)(1) applicable to portable tanks; or, is it eligible for the exception in A4: The LPG bulk storage container is eligible for the exception in § 172.514(c)(3) for a bulk packaging, other than a portable tank, cargo tank, or tank car. See Al. Q5: Are the labeling and placarding requirements different for a 500 gallon LPG bulk storage container than a 1,000 gallon LPG bulk storage container? 18m°(640 cubic feer). A5: No. Provided the volumetric capacity of each LPG bulk storage container is below Q6: Is the LPG bulk storage container required to be placarded if it is loaded on a tank setting trailer or flat bed truck that is placarded? opposing sides in accordance with § 172.400(a)(2). Placards displayed on a tank setting A6: The LPG bulk storage container must be placarded, unless it is labeled on two trailer or flat bed truck do not preclude the requirement to label or placard the bulk packaging. Q7: Is it permissible to display placards and identification numbers when transporting an empty LPG bulk storage container? packaging or transport vehicle unless the bulk packaging or transport vehicle contains a A7: The HMR prohibit the display of labels, placards or identification numbers on a bulk packaging or transport vehicle that contains a residue of a hazardous material must material that meets the definition of a hazardous material under the HMR. However, a display the appropriate labels, placards, and identification numbers unless otherwise excepted under § 173.29. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Er chenlac Page 1 of 1 Gale, John <PHMSA> 8172.514 From: Ronald Sutherland [wiperc@ yahoo.com] Labeling Placarding Wednesday, December 20, 2006 2:10 PM Gale, John <PHMSA> 06-0217 Subject: Letter -Reference #06-0223 John Gale, the Minnesota Department of Transportation in reference to placarding ASME Storag: Tanks. Could This is in regards to the letter dated November 15, 2006 reference #06-0223 to a Mr. Michael Ritchie at you please send me a letter with the same information in Mr. Ritchies letter? Ronald Sutherland Thank you, Ronald Sutherland- Executive Director 2308 Jubilee Dr. Wisconsin Propane Council 800-862-0630 Green Bay, WI 54311 Fax-920-965-0672 Email-wiperc@yahoo.com www.wiperc.com 12/28/2006#