Began Tank Truck — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAY 2 8 2014 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Bob Berry President Began Tank Truck 7605 NE 21st Avenue Portland, OR 97211 Ref. No.: 13-0233 Dear Mr. Berry: This is in response to your email dated November 26, 2013, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) applicable to external visual inspection and testing of pressure relief valves on DOT specification cargo tanks. As provided in§ 180.407(d)(3), all reclosing pressure relief valves must be externally inspected for any corrosion or damage which might prevent safe operation. Additionally, all reclosing pressure relief valves on cargo tanks carrying lading corrosive to the valve must be removed from the cargo tank for inspection and testing. Finally, each reclosing pressure relief valve required to be removed and tested must open at no less than the required set pressure and no more than 110 percent of the required set pressure, and must reseat to a leak-tight condition at no less than 90 percent of the start-to-discharge pressure or the pressure prescribed for the applicable cargo tank specification. In your letter you describe a scenario in which two cargo tank pressure relief valves with a set pressure of30 psig are tested in accordance with§ 180.407(d)(3). The first reliefvalve opens at 30 psig and reseats at 90 percent of the start-to-discharge pressure or 27 psig. The second reliefvalve opens at 33 psig or 110 percent ofthe set pressure and reseats at 27 psig. You ask if the second valve may remain in service or if it would need to reseat at no less than 29.7 psig or 90 percent of the start-to-discharge pressure. The answer is yes, the second valve may remain in service. In a final rule issued under Docket No. PHMSA-2006-25910 (HM-218E; 74 FR 16135) PHMSA revised § 180.407(d)(3). In making the revision, the text "open at the required set pressure and reseat to a leak-tight condition at 90 percent of the set-to-discharge pressure" was replaced with "open at no less than the required set pressure and no more than 11 0 percent of the required set pressure, and must reseat to a leak-tight condition at no less than 90 percent of the start-to- discharge pressure." As provided in the preamble to the final rule, and based on comments provided by the National Propane Gas Association, the intent was to replace the term "open" with the phrase "start-to-discharge" and maintain the phrase "set-to-discharge" for the reseating pressure. This was not correctly implemented in the regulatory text. Therefore, the#

Page 2second valve in the scenario described could remain in service as it reseated at 27 psig or 90 percent of the 30 psig set-to-discharge pressure. We have received a petition for rulemaking concerning this topic and it will be addressed in a future rulemaking. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, -W~ C, [AB~1 // Shane C. Kelley / Acting International Standards Coordinator Standards and Rulemaking Division#

Page 3Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Subject: Monday, December 02, 2013 3:32PM Drakeford, Carolyn (PHMSA) FW: Hazmat Safety Feedback: Other Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria -----Original Message----- From: PHMSA Webmaster Sent: Tuesday, November 26, 2013 2:52 PM To: HMIS (PHMSA); PHMSA Webmaster Subject: Hazmat Safety Feedback: Other 180.407(d)(3), all reclosing pressure relief valves must be externally inspected for any corrosion or damage which might prevent safe operation. Additionally, all reclosing pressure relief valves on cargo tanks carrying lading corrosive to the valve must be removed from the cargo tank for inspection and testing. Finally, each reclosing pressure relief valve required to be removed and tested must open at no less than the required set pressure and no more than 110 percent of the required set pressure, and must reseat to a leak-tight condition at no less than 90 percent of the start-to-discharge pressure or the pressure prescribed for the applicable cargo tank specification. Does 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 PSIG and reseats at 90% or 27 PSIG this vents passes, if we test another vent and it opens at 110% or 33PSIG and reseats at 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% or 33 PSIG does this vent have to reseat at 29.7 PSIG to remain in service. Thank you, Bob Berry President Began Tank truck 7605 NE 21st Ave Portland Or 97211 Office 503-286-3731 Cell 503-312-9282 Fax 503-286-3447 bob.berry@begantanktruck.com Name: Bob Berry Organization: Began Tank Truck Email: bob.berry@begantanktruck.com Phone: 503-286-3731 FAX: 503-286-3447 1#

Page 4Associatior 1150 1 ih St NW, Suite 310 Washington, DC 20036 Tel: 202.466.7200 Fax: 202.466.7205 June 8, 2007 Docket Management Facility U.S. Department of Transportation 400 Seventh Street, SW Nassif Building Room PL-401 Washington, D.C. 20590-0001 Re: DOT DMS Docket Number PHMSA-2006-25910 (Hazardous Materials: Miscellaneous Cargo Tank Motor Vehicle and Cylinder Issues; Petitions (or Rulemaking) The National Propane Gas Association (NPGA) submits the following comments in response to the Pipeline and Hazardous Materials Safety Administration's (PHMSA) April12, 2007 Notice of Proposed Rulemaking (NPRM) HM-218E. NPGA is the national trade association of the propane industry having a membership of about 3,500 companies, with 39 state and regional associations representing members in all 50 states. NPGA's membership includes retail marketers of propane gas, propane producers, transporters and wholesalers, and manufacturers and distributors of equipment, containers and appliances. Propane gas is used in over 18 million installations nationwide for home and commercial heating and cooking, in agriculture, in industrial processing and as a clean air alternative engine fuel for both over-the-road vehicles and industrial lift trucks. This proposed rule seeks to revise certain requirements applicable to the manufacture, maintenance and use of DOT cylinders and MC specification cargo tank motor vehicles. Because of their extensive usage in the propane industry, NPGA's comments will focus on cylinder valve requirements and pressure relief valve requirements for cargo tank motor vehicles. Cylinder Valves PHMSA seeks to incorporate by reference CGA Standard V-9, Standard for Compressed Gas Cylinder Valves. In doing so, the standard will be referenced as part of the requirements of 49 CPR Part 173.301 (General requirements of compressed gases in cylinders and spherical pressure vessels). ---------------#

Page 5Docket Number PHMSA-2006-25910 June 8, 2007 Page 2 of3 NPGA estimates there are over 50 million cylinders in use in the propane industry today. Many of these cylinders are equipped with valves that may be listed to third party testing standards other than CGA V -9. Consequently, these other standards may have differences in testing, performance and/or marking requirements from V -9. Although perfectly acceptable for use, valves listed to standards other than V -9 could not be used in a DOT specification cylinder under the proposed rule. · PHMSA should reconsider this proposed requirement as we are not aware of any safety concerns that would warrant the requirement to certify cylinder valves strictly to V-9, and, in effect, preclude the option of certifying cylinder valves to any other standards. If adopted as proposed, PHMSA should include a 'grandfather' provision such that all valves manufactured prior to the effective date of the Final Rule be allowed to remain in service. If the Final Rule does not include a 'grandfather' provision, it would require a complete replacement of existing cylinder valves. With at least 50 million cylinders in use in the propane industry alone, the cost impact to the industry of a retroactive requirement would be in the tens, if not hundreds, of millions of dollars with no improvement to safety. Lastly, if adopted, PHMSA should delay the effective date for at least three years after publication of the Final Rule to allow valve manufacturers time to come into compliance. Press':lre Relief Valves on Cargo Tank Motor Vehicles PHMSA proposes to amend the requirements for reclosing pressure relief valves as specified in 49 CFR 180.407. Specifically, for testing of reclosing pressure relief valves, the proposal seeks to specify a tolerance for the valve opening by stating it " ... must open at no less than the required set pressure and no more than 110 percent of the required set pressure and reseat to a leak-tight condition at 90 percent of the set-to-discharge " pressure ... First, use of the phrase 'start-to-discharge' pressure would be a more accurate description for the action of opening the valve and we believe PHMSA should make this clarification. To clarify what constitutes 'start-to-discharge,' at least one standard refers to this condition as being " ... the point at which the first bubble occurs when a pressure relief valve is tested by means of air under a specified water seal on the outlet." Such a clarification remains consistent with PHMSA's approach regarding specification of tolerances. In addition, while not part of the original proposal, PHMSA should clarify the reseat requirements. PHMSA should revise this language to specify that reseating to a leak- tight condition should occur "at no less than 90 percent of the set-to-discharge pressure ... " The current reseat requirement implies that any valve that reseats at greater than 90 percent would fail.#

Page 6Docket Number PHMSA-2006-2591 0 June 8, 2007 Page 3 of3 In conclusion, NPGA believes there is no safety justification for limiting certification of cylinder valves strictly to CGA V-9, and ifPHMSA adopts the requirement as proposed, the agency must include a 'grandfather' provision to address those valves currently operating safely in service. NPGA also requests PHMSA to clarify the opening and reseating requirements for testing of reclosing pressure relief valves. NPGA appreciates the opportunity to comment on the proposed changes applicable to cylinder valves and cargo tank motor vehicles. Please feel free to contact us if you have any questions. Sincerely, Michael A. Caldarera Vice President, Regulatory and Technical Services#