Linden’s Propane — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 AUG 2 1 2013 Mr. Ray Anielski Operations Manager Linden's Propane 14219 Lagrange Road Lagrange, OH 44050 Ref. No.: 13-0140 Dear Mr. Anielski: This is in response to your June 17, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transpot1ation of liquefied petroleum gas (LPG) in storage tanks for permanent installation on consumer premises.' You ask if a 1,000 gallon consumer storage container, charged to five percent of its capacity or less, may extend beyond the vehicle. In addition, you state that Department of Transportation (DOT) Special Permit DOT -SP 13341 does not address overhang restrictions for containers with a water capacity exceeding 500 gallons. The answer is yes. Storage containers for LPG or propane charged to five percent of their capacity or less and intended for permanent installation on consumer premises may extend beyond the envelope or frame of the vehicle provided they are otherwise properly secured and protected from damage in accordance with§§ 173.315(j)(l)(iii) and 177.834(a). In final rule HM-245 (76 FR 5483; February 1, 2011), PHMSA incorporated the provisions of SP 13341 into the HMR to authorize the transportation of LPG in consumer storage containers in quantities greater than five percent ofthe container's capacity when in a container not exceeding 500 gallons water capacity. The provisions of SP 13 341 and the incorporated provisions of§ 173.315(j)(2)(i) through U)(2)(ix) would not be applicable in the scenario provided in your letter as your storage container is not charged to more than five percent of its capacity. The provision of§ 173 .315(j)(2)(vi) requiring that the storage container not extend beyond the vehicle frame only applies to storage containers with a water capacity not exceeding 500 gallons when charged with LPG to more than five percent of their capacity as prescribed in § 173.315(j)(2.) I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Delmer Billings '4v ~l·M Senior Regulatory Advisor Standards and Rulemaking Division --------------·-------- --- ---- --------- ----- ~---~-- ~-------#

Page 2--· - ;~·~::r-~.- .,,, :>:>·= ·,··--=' •• ··· .. , .. \. ' ' ~':;..;;.·= j, ·. ( :3<~/;. . ~, ' .. . " ~ .... ' ,, ~ :: f < '•: 'I O ;~ < ~ w' j ' ': • v - 14219 LaGrange Road • LaGrange, Ohio 44050 • (440) 458-5155 • 800-537-9164 ~ -~<'I j: ' ~liener June 17,2013 ~ 112>~ 315 ~y -h...-b 1-e Tcu.J<-- 1~-61+0 US Department Pipeline and Hazardous Materials Safety Adm. Mr. Charles E. Betts ··. Director, Standards and Rulemaking Division USDOT / PHMSA 1200 New Jersey Ave SE East Building 2nd Floor Washington ; DC 20590 Dear Mr. Betts, Requesting clarification of Hazardous Materials Regulations HMR; 49-173-315 and additional regulations, pertaining to requirements for ASME propane tank Transportation OVER 500 gallon water capacity for permanent installation on consumer premises The containers in question (1000 Gallon water capacity) charged to five percent of their capacity or less .. T!le question is, can a 1000 galloncontqiner be transported 'eXtended beyond the v~h'fcle? ··~Would this be a violation and will if'' result in a citation and fines? DOT SP- 13341 Does not address containers over 500 gallon water capacity. The container must be secured on a motor vehicle. I have spoken to Hazmat Inspectors and DOT inspectors. Both stated they were unable to locate regulations to this issue. They did say in the event of a roadside inspection, They would find a regulation and issue a citation and fines. The regulations seem confusing in regards of propane tanks larger than 500 gallon water capacity. securing for transportation. A 1000 gallon tank can extend over 3 feet beyond the frame of the vehicle. I would appreciate your assistance with this issue. S?Jere~ ~nnielski LindBn'sPropane ... Operations Manager 14219 Lagrange Road Lagrange, Ohio 44050 440-458-5155#