{"operation":"document","citation":"09-0133R","title":"Total Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-09-01","effective_on":null,"summary":"09-0133R response to Total Energy concerning 172.504, 172.514.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0133r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0133r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0133r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090133R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJennifer D. Janelle, Esq.\nGeneral Counsel\nTotal Energy\n2 Hardscrabble Road\nNorth Salem, NY 10560\nReference No. 09-01 33\nDear Ms. Janelle:\nThis letter replaces my July 1,2009 response to your April 8, 2009 letter concerning the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the\ntransportation of storage tanks that are 30,000 gallons or more in size and contain liquefied\npetroleum gas (LPG). Specifically, you ask whether the storage tanks must be placarded.\nAccording to your letter, the 30,000 galloll or larger storage tanks art: built to an American\nSociety of Mechanical Engineers (ASME) standard, transported from decommissioned LPG\nplants to various locations, and purged to 80 to 85 percent of the lower explosive lilllit (LEL).\nYou also state the Gas Pipeline Safety Unjt of the Connecticut Department of Public Utility\nControl requires the tanks only be purged to SO perceilt LEL, to conform with the\nrecommendations of the American Gas Association, and transported as non-hazardous\nmaterials.\nIn accordance with $$ L72.504(a) and 172.5 14 of the HMR, a bulk package, defined as a\npackage with a capacity greater than 119 gallons, containing any quantity of hazardous\nmaterial, as well as thr: transport vehicle on which it is transported if the placards on the\npackage are obscured, must be placarded on each side and each end. A bulk packaging that is\nsufficiently cleaned of residue and purged of vapors to remove any potential hazard is\nconsidered empty and, thus, is not subject to any requirements under the HMR, including\nthose for placarding. See 55 173.29(b) and 172.514(b). The methods and limits used for\ndetermining what qualifies as a \"cleaned and purged\" under the HMR are intentionally not\ndefined because they vary greatly depending on the properties of the particular hazardous\n\n<<<PAGE 2>>>\n\nmaterial and type of packaging. In the case of LPG, other variables such as purge medium,\ntemperature conditions and the capacity of the packaging are also factors. We would consider\nthe storage tank to be sufficiently cleaned and purged when the vapors in the tank are no\nlonger capable of sustaining combustion.\nI hope this satisfies your request and apologize for the confusion caused by the earlier\nresponse.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nApril 8,2009\nUnited States Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop E24-455\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Interpretation of Transport Requirements for LP Gas Shipments\nDear Sirmadam:\nI am writing to request a written interpretation as to the applicability of the\nDepartment of Transportation's regulations concerning the transport of LP Gas\ncontainers, specifically ASME tanks sized 30,000 gallons and greater, to the\ncircumstances described herein.\nTotal Energy is in the business of flaring, purging, dismantling, transporting,\nrepairing, modifying and installing ASME pressure vessels, includig vessels located at\npropane peak-shaving plants across North America. As part of its routine business\npractices, Total Energy adheres to DOT regulations and safety guidance documents for\nthe transport of its tanks, including 49 CFR 5 172.504(~)(1), which provides in pertinent\npart that placards are not required on \"a transport vehicle or fieight container which\ncontains less than 1,001 pound aggregate gross weight of hazardous materials covered by\ntable 2 of paragraph (e) of this section.\" In accordance with Compliance Guide No. DOT\n28, in determining whether or not placarding is required, the aggregate gross weight of\nthe hazardous mate~ial includes the weight of the container.\nIn compliance with this regulation, Total Energy's standard business practice is to\nflarelpurge the ASME propane tanks to 0 LEL before transporting, so that there is\nabsolutely no hazardous materials. In such cases, Total Energy does not placard and\ntransport as a hazardous material. However, Total Energy has been contracted to\nflarelpurge four (4) propane peak-shaving plants owned and operated by Yankee Gas in\nConnecticut. After flaring and purging, these plants will subsequently in the future be\ndismantled and the ASME tanks removed. As these plants constitute pipeline facilities,\nthey fall under the jurisdiction 6f the federal Department of Transportation's Pipeline and\nHazardous Materials Safety Administration (\"PHMSA\"), whose authority has been\ndelegated to the Connecticut Department of Public Utility Control's Gas Pipeline Safety\nUnit (\"GPSU\"). The GPSU requires the submission and approval of a flarelpwge plan\n2 Hardscrabble Road North Salem, NY 10560 T.914.276.0490 F.914.276.0229\n\n<<<PAGE 4>>>\n\nTNERGY PRODUCTS & SERVICES WORLOWlDF\nprior to the commencement of any work. Yankee Gas has provided Total Energy's\nflare/purge plan to the GPSU and received comments back from the GPSU. One ofthose\ncomments requires that the tanks only be purged to 80% LEL in accordance with AGA\nrecommendations. Total Energy believes that all of these tanks must be placarded and\ntransported as hazardous materials when they leave the respective plant, as the gross\nweight of the container is well in excess of 1,001 pounds (most of these tanks weight\nover 100,000 pounds). However, the GPSU and another contractor in the state (CMM,\nInc. d/b/a Gas Services) currently decommissioning two other plants owned by\nConnecticut Natural Gas and Southern Connecticut Natural Gas dispute Total Energy's\ninterpretation. CMM, Inc. d/b/a Gas Services is not placarding or transporting the tanks\nas hazardous materials. CMM, Inc. d/b/a Gas Services has actually performed other peak\nshaving plant decommissionings where the tanks were not purged to 0 LEL, but were\ntransported without hazardous materials placards.\nTotal Energy believes that Compliance Guide No. DOT 28 makes it clear that\ntanks not purged to 0 LEL must be placarded and transported as hazardous materials.\nThis opinion is reinforced by the NPGA's transport certification guide.\nAccordingly, in light of these facts, Total Energy respectfully requests an\ninterpretation answering the following questions:\n1. Is 49 CFR 172.504(c)(l) applicable to the circumstances described herein,\nnamely where 30,000 gallon and larger ASME tanks are being transported out of propane\nair peak shaving facilities to various destinations?\n3. Is a tank flaredlpurged to only 85% LEL eligible for transport without being\nplacarded as a hazardous material?\nAs the projects described above are all currently underway and the Connecticut\nNatural Gas and Southern Connecticut Natural Gas plants are currently being purged and\nflared and scheduled for removal, your prompt attention this request for an interpretation\nis greatly appreciated. Thank you for your attention to this matter and we look forward to\nhearing fiom you soon.\nGeneral Counsel\n2 Hardscrabble Road North Salem, NY 10560 T.914.276.0490 F.914.276.0229\nwww. totatenergy.com","truncated":false,"body_characters":7196}