{"operation":"document","citation":"13-0159","title":"Albermarle Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-11-06","effective_on":null,"summary":"13-0159 response to Albermarle Corporation concerning 178.274, 178.275.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0159.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0159.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0159","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130159.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\nNOV 0 6 2013\nMr. Brad Thomas\nLogistics Safety and Security Manager\nAlbermarle Corporation\n451 Florida Street\nBaton Rouge, LA 70801\nRef. No. 13-0159\nDear Mr. Thomas:\nThis responds to your July 30, 2013 request for clarification of the requirements for the\nmodifl.cation ofthe DOT Specification 51 portable tanks under§§ 178.274 and 178.275 of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask\nif modification of a DOT Specification 51 portable tank is authorized under the HMR. You\nalso reference letter of interpretation Ref. No. 07-0225, indicating that modifications can be\nmade as long as they do not \"invalidate the ASME U stamp\".\nIn your incoming letter, you state that you have a DOT Specification 51 portable tank with\nan inverted removable dome with a vent connection attached to the side of the dome. This\nconnection is threaded, and, you express concern it may be accidentally loosened as hoses\nare c01mected and disconnected. You indicate that the use of a flanged connection would\nenhance the safety of the containers. To modify this connection, you would need to lower\nthe point at which the vent connection intersects the wall of the inverted dome. You would\nhave to cut off the existing vent connection, patch the hole, and cut a new hole a few inches\nlower.\nYour questions are paraphrased and answered below:\nQl. Does interpretation letter Ref. No. 07-0225 state that welding and cutting on any\npart of the DOT Specification 51 portable tank is permitted by a shop having an R\nstamp?\nAl. No. RefNo 07-0225 stated modifications are authorized if they are done in\naccordance with ASME and do not invalidate the ASME U stamp.\nQ2. What limitations are on modification of these DOT Specification 51 portable\ntanks?\n\n<<<PAGE 2>>>\n\nA2. Modifications made in accordance with§§ 178.274 and 178.275 that do not\ninvalidate the ASME U stamp requirements are authorized. Modifications that are\nnot in compliance would require a special permit to install.\nQ3. If the modifications you described in your incoming letter are done in\naccordance with ASME, would the DOT Specification 51 portable tank still be\napproved for shipping hazardous materials?\nA3. PHMSA does not determine if modifications meet the requirements or violate\nthe ASME U stamp. An approval agency(§ 107.401) should determine if the\nmodification to the DOT 51 Specification portable tank violates the ASME U stamp.\nUltimately, it is the owner of the packaging's responsibility to determine compliance\nwith the I-IMR.\nQ4. If the proposed modification is not allowable, would it be allowable to replace\nthe removable dome with a new dome having the adjusted vent location?\nA4. It should be noted dome replacement is permitted if the new dome with the\nadjusted vent location is done in accordance with§§ 178.274 and 178.275 and does\nnot invalidate the ASME U stamp.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nTuesday, July 30, 2013 4:36PM\nDrakeford, Carolyn (PHMSA)\nFW: PHMSA Interpretation Request\n[Untitled].pdf\nPorfa.-~1 e fa11 I~\nl'3~ DJ59\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Brad .Thomas@albemarle.com [ mailto: Brad. Thomas@albemarle.com]\nSent: Tuesday, July 30, 2013 3:14PM\nTo: INFOCNTR (PHMSA)\nSubject: Fw: PHMSA Interpretation Request\nRather than editing and omitting a pertinent piece of information, I am forwarding the below email in its entirety. Please\nacknowledge receipt.\nThank You\nBrad Thomas\nBrad Thomas I Bulk Logistics Manager I Logistics Safety and Security Manager I Albemarle Corporation 1 451 Florida Street 1 Baton Rouge, LA\n70801 I ti': 225.388.7104 I~: 225.388.7387 I brad thomas@albemarle.com I www.albemarle.com\n-----Forwarded by Brad Thomas/BatonRouge/Chem/Aibemarle on 07/30/2013 02:10PM-----\nLaurie Davidson/BatonRouge/Chem/Aibemarle\nTo Brad Thomas/BatonRouge/Chem/Aibemarle@Aibemarle\ncc\n07/30/2013 02:06PM\nSubject PHMSA Interpretation Request\nBrad,\nPlease ask PHMSA for an interpretation on the following topic:\n49 CFR no longer allows Portable Tanks to be built to DOT Specification 51. Many old DOT 51 tanks are still in use. What\nare the limitations on modification of these tanks?\nInterpretation Reference Number 07-0225 issued by the U.S. Department of Transportation in 2008 seems to indicate that\nmodifications can be made as long as they do not \"invalidate the ASME U stamp\". This seems to allow welding and cutting\non any part of the container by a shop having an R stamp. Is this correct?\nWe have a container with an inverted removable dome (drawing attached}. A vent connection is attached to the side of the\ndome. This connection is threaded, and we are concerned it may accidentally be loosened as hoses are connected and\ndisconnected. We feel the use of a flanged connection would enhance the safety of the containers. In order to modify this\n1\n\n<<<PAGE 4>>>\n\nconnection and utilize a flanged valve, we would need to lower the point at which the vent connection intersects the wall of\nthe inverted dome. Thus we would have to cut off the existing vent connection, patch the hole, and cut a new hole a few\ninches lower. If this is all done per ASME, would the DOT 51 tank still be approved for shipping hazardous materials as it is\nnow?\nIf the proposed modification described above is not allowable, would it be allowable to replace the removable dome with a\nnew dome having the adjusted vent location?\nWe often have questions about the limitations on modification to our large fleet of DOT 51 tanks. Some guidance would be\nvery valuable to us.\nIf there are any questions, contact Laurie Davidson at 225-388-7827 or laurie davidson@albemarle.com.\nLaurie\n2","truncated":false,"body_characters":6105}