{"operation":"document","citation":"15-0212","title":"Paraco Gas — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-02-02","effective_on":null,"summary":"15-0212 response to Paraco Gas concerning 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0212.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0212.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0212","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150212.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nFEB 0 2 2016\nDavid Latourell\nParaco Gas\n800 Westchester Ave S604\nRye Brook, NY 10573\nRef. No. 15-0212\nDear Mr. Latourell:\nThis responds to your October 30, 2015 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the condemnation of\ncylinders. Specifically, you ask for a definition of the term \"incapable of holding pressure\"\nas it applies to § 180.205(i)(2)(iii) and whether removal and/or destruction of the service\nvalve is an acceptable means of rendering the cylinder incapable of holding pressure.\nThe HMR does not define the term \"incapable of holding pressure.\" However, we consider\na cylinder incapable of holding pressure when it is unable to contain a material that is a gas\nat a pressure higher than ambient pressure. Furthermore, this Office does not consider\nremoval or destruction of the service valve as an acceptable means of rendering a cylinder\nincapable of holding pressure because an individual may not be able to conclude that the\ncylinder is actually condemned. Drilling holes through the cylinder wall is an example of\nrendering a cylinder incapable of holding pressure and communicates to an individual in\npossession of the cylinder that it is no longer suitable for such service.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n•\nciccarone\n5180. 005 (iX2Xin)\nCylinders\nDodd, Alice (PHMSA)\n15-0212\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nFriday, October 30, 2015 3:32 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for Letter of Interpretation\nAttachments:\nRequest for Letter of Interpretation - Rendering cylinders incapable of holding\npressure.doc\nDear Shante and Alice,\nForwarded is a request for a letter of interpretation.\nThanks,\nShelby\nFrom: David Latourell [mailto:diatourell@paracogas.com]\nTo: PHMSA HM InfoCenter\nSent: Friday, October 30, 2015 1:38 PM\nSubject: Request for Letter of Interpretation\nHard copy to follow via USPOR\nPlease review the attached request.\nDave\nDavid R. Latourell\nDirector of Safety and Transportation\n/PARACO\nGAS®\n\"For Propane There Is No Better Name\"*\n800 Westchester Avenue S604\nRye Brook, New York 10573\nHazardous Materials 24-Hour Emergency Response Number - (631) 433-9024\nDirect Line:\nEmail:\nCell:\n(631) 433-9024\n(631) 782-1624\ndlatourell@paracogas.com\n\"I believe that my SAFETY is my responsibility. I understand that being in \"compliance\" does not necessarily\nmean I am out of DANGER !\"\n1\n\n<<<PAGE 3>>>\n\n#PARACO\n800 Westchester Ave., S604, Rye Brook, NY 10573\nOffice Phone 914-250-3700 • Fax 631-782-3092\nGAS\nwww.paracogas.com\nOctober 30, 2015\nTo:\nPipeline and Hazardous Materials Safety Administration, USDOT\nHazardous Materials Information Center\nFrom: David Latourell\nRe.:\nLetter of Interpretation for clarification of CFR 49 180.205(i) (2)(iii)\nTo whom it may concern,\nAs it relates the condemnation process of DOT Cylinders (Specifically DOT 4BW240, DOT 4BA240 and DOT\n4BW240 in LP Gas Service), I am requesting a formal intepretation, clarification or explanation of\n180.205(i)(2)(iii) as to the definition of \"incapable of holding pressure\" as per the the excerpt:\n(ili) As an alternative to the stamping or labeling as described in this paragraph (i)(2), at the\ndirection of the owner, the requalifier may render the cylinder incapable of holding pressure.\nDuring a recent PHMSA visit to one of our Long Island, NY facilities, a ticket for non-compliance was\ngenerated based on the investigators opinions of what actions to \"render... incapable of holding pressure\"\ncould be potentially reversed, and thus questioning our practice of removal and/or destruction of the cylinder\nservice valve prior to the cylinder being delivered to an off site Metal Scrap yard for complete cylinder\ndestruction. It was interpreted that reversal of our rendering (easy-out or replacement of removed/damaged\nservice valve) essentially results in non-compliance with the regulation:\nIt was suggested in conversation that common practice is to cut, saw or drill additional opening(s) into\ncylinders prior to disposal to metal scrap operations.\nAs a Propane Services proivded in the Northeast with more than 2 dozen locations, Paraco Gas has several\nlocations (and associated RIN) where requalfication and condemnation of cylinders occurs. Due to the\npresence of LP Gas at all of our facilities, the open flame/sparks/sources of igntion associated with cutting\ntorches, saws or drills to create additional openings in cylinders undergoing condemnation poses an\nunnecessary risk to employees, and an unnecessary expense for associated tools at all locations (which is a\nthat each of these methods could effectively be reversed if desired.\nsimilar reason for our preference to not choose options (i) and (i) from 180.205(i)(2)). As well, I would submit\nI will be including this request for interpretation with my informal response to Ticket #: 15T-0341-SH-EA to\nEastern Region Director Vincent Mercadante, and will request a conference to discuss this same item.\nUltimately, options (i) and (i) are very specific as defined in the regulations, however they are truly no longer\npractical in the LP service industry. Option (iii) is subject to wide interpretation, but due to the flammable\nnature of the hazardous material we handle, what some may consider a reasonable interpretation could\nproved very dangerous to Paraco Gas and it's employees.\nDistributors of Propane, Appliances and Designed LP Systems • Residential-Commercial-Industrial Sales, Service & Installations\n\n<<<PAGE 4>>>\n\nThank you for your attention in this matter, I look forward to discussing this in greater detail at your\nconvenience.\nRespectfully,\nDavid Latourell,\nParaco Gas Corporation\nDirector of Safety and Transportation,\nTel (631) 782-1624\nFax (631) 782-3092\nEmail - dlatourell@paracogas.com\nDistributors of Propane, Appliances and Designed LP Systems • Residential-Commercial-Industrial Sales, Service & Installations","truncated":false,"body_characters":6193}