{"operation":"document","citation":"12-0188","title":"Enservco — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-22","effective_on":null,"summary":"12-0188 response to Enservco concerning 171.8, 172.502.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0188.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0188.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0188","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120188.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\nJAN 2 2 2013\nMr. Don Custer\nSafety Coordinator\nEnservco\n501 S. Cherry Street, Suite 320\nDenver, CO 80246\nRef. No.: 12-0188\nDear Mr. Custer:\nThis responds to your August 14, 20121etter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to truck- or trailer-\nmounted oilfield water heating units with integral burners fueled by propane gas. The\npropane gas is transported in MC 331 specification tanks constructed in accordance with\nthe American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME.\nCode). The tanks are mounted to the same trailer as the heating units. You ask whether the\nwater heating units you describe in your letter are subject to the HMR and, if not, if you\ncan voluntarily communicate the hazards posed by transporting such units on a public\nhighway without being penalized for not complying with additional requirements in the\nHMR.\nAs defined in 49 CFR § 171.8, a fuel tank means \"a tank, other than a cargo tankl used to\ntransport flammable or combustible liquid, or compressed gas for the purpose of supplying\nfuel for propulsion of the transport vehicle to which it is attached, or for the operation of\nother equipment on the transport vehicle.\" Fuel systems that meet the requirements under\n49 CFR §§ 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations (FMCSRs)\nand are not used as packaging for hazardous materials are subject only to the FMCSRs. As\nprescribed in 49 CFR § 393.69(a), a fuel system that uses liquefied petroleum gas as a fuel\nfor the operation of a motor vehicle or for the operation of auxiliary equipment installed on,\nor used in connection with, a motor vehicle must conform to the \"Standards for the Storage\nand Handling of Liquefied Petroleum Gases\" of the National Fire Protection Association\n(NFPA), Battery March Park, Quincy, MA 02269.\nIt should be noted that, while MC 331 specification tanks may be used to package a\nmaterial not subject to the HMR, no person may represent or offer a packaging as meeting\nthe requirements of the HMR unless the packaging is maintained, marked, and retested in\naccordance with the applicable requirements of the HMR. These requirements are\napplicable whether or not the packaging is used for the transportation of a hazardous\nmaterial. Therefore, if the tank is not maintained in accordance with the HMR, we\nrecommend you securely cover any identifying marks or specification plates representing it\nas such.\n\n<<<PAGE 2>>>\n\nWith respect to your question regarding placarding, the HMR do not prohibit placarding,\nprovided you meet the requirements in § 172.502. However, you should be aware that\nplacarding a package or fuel tank that does not otherwise comply with the HMR may\nfrustrate your shipment.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nV2\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n------- ----\n--------·-~--~--- ~------\n\n<<<PAGE 3>>>\n\nV\\Jrn ter\n~/7/.6\n~ 112 ·' o I , 'PJacardlr:J\nJZ~L>JB8\nAcidizing • Hot Oiling • Water Hauling • Frac Heating\nAugust 14, 2012\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nTo whom it may concern:\nThe purpose of this letter is to resolve an issue we have as to placarding our frac water heating units.\nThese units are truck mounted or trailer mounted oilfield water heating units with burners being fueled\nwith propane. These ASME constructed MC-331 LPG tanks range in size from 2400 gallons to 2800\ngallons and are used exclusively to fuel burners on the units which are used to heat water. As a general\nrule the tanks are almost empty in transit from one location to another and are re-fueled on location.\nOur concerns are with the Port of Entry's and roadside inspections interpreting regulations in the CFR\n49 that these fuel tanks may not apply to the definition of \"Fuel Tanks\" and feel we are required to\nplacard these vehicles. Fuel Tank, as defined in CFR 49 Part 171.8, is u for the operation of other\nequipment on the transport vehicle\". Also, the definition of \"Hazardous Material\" states that the\nmaterial to hazardous when 11transported in commerce\", which is clearly not applicable in our case\nbecause the fuel used is strictly used in our own units. We feel that we fit the CFR 49 Part 171.8 criteria\nand thus not required to placard these vehicles.\nWe would like a clarification ruling on our frac heaters. We would like to stay compliant in all DOT and\nHAZMAT issues, but without having to comply with other regulations in the CFR 49 such as shipping\npapers, markings, and other applicable regulations that we not subject to, such as CFR 49 Part 171.8.\n\n<<<PAGE 4>>>\n\nWe also understand the issues for First Responders and Law Enforcement responding to emergencies\nand would like to help in that respect, but without being held accountable for any non-applicable\nregulations.\nWe would respectfully request that you respond, in writing, with your recommendations in this\nmatter so we may be able to discuss and review your clarification with our operators and managers as\nwell as all applicable FMCSA Enforcement personnel that this may concern. If you would like to see\npictures of our equipment, they are available on our website: ::.::.;. .. :...::.:~-\"'-'--\"=-'-=o·-\"'--==~·\nThank you,\nDon Custer\nSafety and Compliance Coordinator\nEnservco\n501 S. Cherry Suite 320\nDenver, Co 80246","truncated":false,"body_characters":5724}