{"operation":"document","citation":"13-0233","title":"Began Tank Truck — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-05-28","effective_on":null,"summary":"13-0233 response to Began Tank Truck concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0233.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0233.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0233","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130233.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAY 2 8 2014\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Bob Berry\nPresident\nBegan Tank Truck\n7605 NE 21st Avenue\nPortland, OR 97211\nRef. No.: 13-0233\nDear Mr. Berry:\nThis is in response to your email dated November 26, 2013, requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CPR Parts 171-180) applicable to external visual\ninspection and testing of pressure relief valves on DOT specification cargo tanks.\nAs provided in§ 180.407(d)(3), all reclosing pressure relief valves must be externally\ninspected for any corrosion or damage which might prevent safe operation. Additionally, all\nreclosing pressure relief valves on cargo tanks carrying lading corrosive to the valve must be\nremoved from the cargo tank for inspection and testing. Finally, each reclosing pressure relief\nvalve required to be removed and tested must open at no less than the required set pressure\nand no more than 110 percent of the required set pressure, and must reseat to a leak-tight\ncondition at no less than 90 percent of the start-to-discharge pressure or the pressure\nprescribed for the applicable cargo tank specification.\nIn your letter you describe a scenario in which two cargo tank pressure relief valves with a set\npressure of30 psig are tested in accordance with§ 180.407(d)(3). The first reliefvalve opens\nat 30 psig and reseats at 90 percent of the start-to-discharge pressure or 27 psig. The second\nreliefvalve opens at 33 psig or 110 percent ofthe set pressure and reseats at 27 psig. You ask\nif the second valve may remain in service or if it would need to reseat at no less than 29.7 psig\nor 90 percent of the start-to-discharge pressure.\nThe answer is yes, the second valve may remain in service. In a final rule issued under\nDocket No. PHMSA-2006-25910 (HM-218E; 74 FR 16135) PHMSA revised\n§ 180.407(d)(3). In making the revision, the text \"open at the required set pressure and reseat\nto a leak-tight condition at 90 percent of the set-to-discharge pressure\" was replaced with\n\"open at no less than the required set pressure and no more than 11 0 percent of the required\nset pressure, and must reseat to a leak-tight condition at no less than 90 percent of the start-to-\ndischarge pressure.\" As provided in the preamble to the final rule, and based on comments\nprovided by the National Propane Gas Association, the intent was to replace the term \"open\"\nwith the phrase \"start-to-discharge\" and maintain the phrase \"set-to-discharge\" for the\nreseating pressure. This was not correctly implemented in the regulatory text. Therefore, the\n\n<<<PAGE 2>>>\n\nsecond valve in the scenario described could remain in service as it reseated at 27 psig or 90\npercent of the 30 psig set-to-discharge pressure.\nWe have received a petition for rulemaking concerning this topic and it will be addressed in a\nfuture rulemaking.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n-W~ C, [AB~1 //\nShane C. Kelley /\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Monday, December 02, 2013 3:32PM\nDrakeford, Carolyn (PHMSA)\nFW: Hazmat Safety Feedback: Other\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Tuesday, November 26, 2013 2:52 PM\nTo: HMIS (PHMSA); PHMSA Webmaster\nSubject: Hazmat Safety Feedback: Other\n180.407(d)(3), all reclosing pressure relief valves must be externally inspected for any corrosion or damage which might\nprevent safe operation. Additionally, all reclosing pressure relief valves on cargo tanks carrying lading corrosive to the\nvalve must be removed from the cargo tank for inspection and testing. Finally, each reclosing pressure relief valve\nrequired to be removed and tested must open at no less than the required set pressure and no more than 110 percent of\nthe required set pressure, and must reseat to a leak-tight condition at no less than 90 percent of the start-to-discharge\npressure or the pressure prescribed for the applicable cargo tank specification.\nDoes this mean for an example if we have a MC 307 cargo tank with a MAWP of 30 PSIG we test this vent it opens at 30\nPSIG and reseats at 90% or 27 PSIG this vents passes, if we test another vent and it opens at 110% or 33PSIG and reseats\nat 27 PSIG, does this vent fail. my question is if the first vent passes at 27 PSIG re-seat why not the vent that open at 110%\nor 33 PSIG does this vent have to reseat at 29.7 PSIG to remain in service.\nThank you,\nBob Berry\nPresident Began Tank truck\n7605 NE 21st Ave Portland Or 97211\nOffice 503-286-3731\nCell 503-312-9282\nFax 503-286-3447\nbob.berry@begantanktruck.com\nName: Bob Berry\nOrganization: Began Tank Truck\nEmail: bob.berry@begantanktruck.com\nPhone: 503-286-3731\nFAX: 503-286-3447\n1\n\n<<<PAGE 4>>>\n\nAssociatior\n1150 1 ih St NW, Suite 310\nWashington, DC 20036\nTel: 202.466.7200\nFax: 202.466.7205\nJune 8, 2007\nDocket Management Facility\nU.S. Department of Transportation\n400 Seventh Street, SW\nNassif Building\nRoom PL-401\nWashington, D.C. 20590-0001\nRe: DOT DMS Docket Number PHMSA-2006-25910 (Hazardous Materials:\nMiscellaneous Cargo Tank Motor Vehicle and Cylinder Issues; Petitions (or\nRulemaking)\nThe National Propane Gas Association (NPGA) submits the following comments in\nresponse to the Pipeline and Hazardous Materials Safety Administration's (PHMSA)\nApril12, 2007 Notice of Proposed Rulemaking (NPRM) HM-218E.\nNPGA is the national trade association of the propane industry having a membership of\nabout 3,500 companies, with 39 state and regional associations representing members in\nall 50 states. NPGA's membership includes retail marketers of propane gas, propane\nproducers, transporters and wholesalers, and manufacturers and distributors of\nequipment, containers and appliances. Propane gas is used in over 18 million\ninstallations nationwide for home and commercial heating and cooking, in agriculture, in\nindustrial processing and as a clean air alternative engine fuel for both over-the-road\nvehicles and industrial lift trucks.\nThis proposed rule seeks to revise certain requirements applicable to the manufacture,\nmaintenance and use of DOT cylinders and MC specification cargo tank motor vehicles.\nBecause of their extensive usage in the propane industry, NPGA's comments will focus\non cylinder valve requirements and pressure relief valve requirements for cargo tank\nmotor vehicles.\nCylinder Valves\nPHMSA seeks to incorporate by reference CGA Standard V-9, Standard for Compressed\nGas Cylinder Valves. In doing so, the standard will be referenced as part of the\nrequirements of 49 CPR Part 173.301 (General requirements of compressed gases in\ncylinders and spherical pressure vessels).\n---------------\n\n<<<PAGE 5>>>\n\nDocket Number PHMSA-2006-25910\nJune 8, 2007\nPage 2 of3\nNPGA estimates there are over 50 million cylinders in use in the propane industry today.\nMany of these cylinders are equipped with valves that may be listed to third party testing\nstandards other than CGA V -9. Consequently, these other standards may have\ndifferences in testing, performance and/or marking requirements from V -9. Although\nperfectly acceptable for use, valves listed to standards other than V -9 could not be used in\na DOT specification cylinder under the proposed rule. ·\nPHMSA should reconsider this proposed requirement as we are not aware of any safety\nconcerns that would warrant the requirement to certify cylinder valves strictly to V-9,\nand, in effect, preclude the option of certifying cylinder valves to any other standards.\nIf adopted as proposed, PHMSA should include a 'grandfather' provision such that all\nvalves manufactured prior to the effective date of the Final Rule be allowed to remain in\nservice. If the Final Rule does not include a 'grandfather' provision, it would require a\ncomplete replacement of existing cylinder valves. With at least 50 million cylinders in\nuse in the propane industry alone, the cost impact to the industry of a retroactive\nrequirement would be in the tens, if not hundreds, of millions of dollars with no\nimprovement to safety.\nLastly, if adopted, PHMSA should delay the effective date for at least three years after\npublication of the Final Rule to allow valve manufacturers time to come into compliance.\nPress':lre Relief Valves on Cargo Tank Motor Vehicles\nPHMSA proposes to amend the requirements for reclosing pressure relief valves as\nspecified in 49 CFR 180.407. Specifically, for testing of reclosing pressure relief valves,\nthe proposal seeks to specify a tolerance for the valve opening by stating it \" ... must open\nat no less than the required set pressure and no more than 110 percent of the required set\npressure and reseat to a leak-tight condition at 90 percent of the set-to-discharge\n\"\npressure ...\nFirst, use of the phrase 'start-to-discharge' pressure would be a more accurate description\nfor the action of opening the valve and we believe PHMSA should make this\nclarification. To clarify what constitutes 'start-to-discharge,' at least one standard refers\nto this condition as being \" ... the point at which the first bubble occurs when a pressure\nrelief valve is tested by means of air under a specified water seal on the outlet.\" Such a\nclarification remains consistent with PHMSA's approach regarding specification of\ntolerances.\nIn addition, while not part of the original proposal, PHMSA should clarify the reseat\nrequirements. PHMSA should revise this language to specify that reseating to a leak-\ntight condition should occur \"at no less than 90 percent of the set-to-discharge\npressure ... \" The current reseat requirement implies that any valve that reseats at greater\nthan 90 percent would fail.\n\n<<<PAGE 6>>>\n\nDocket Number PHMSA-2006-2591 0\nJune 8, 2007\nPage 3 of3\nIn conclusion, NPGA believes there is no safety justification for limiting certification of\ncylinder valves strictly to CGA V-9, and ifPHMSA adopts the requirement as proposed,\nthe agency must include a 'grandfather' provision to address those valves currently\noperating safely in service.\nNPGA also requests PHMSA to clarify the opening and reseating requirements for testing\nof reclosing pressure relief valves.\nNPGA appreciates the opportunity to comment on the proposed changes applicable to\ncylinder valves and cargo tank motor vehicles. Please feel free to contact us if you have\nany questions.\nSincerely,\nMichael A. Caldarera\nVice President, Regulatory and Technical Services","truncated":false,"body_characters":10696}