Ms. Tory Foster — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration AUG 0 4 2016 Ms. Tory Foster 1703 McInnis Drive Waynesboro, MS 39967 Ref. No. 16-0060 Dear Ms. Foster: This responds to your April 13, 2016 email and conversation with a member of my staff requesting clarification of the requirements for the transport of storage containers for liquefied petroleum gas for permanent installation on consumer premises in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask how a 120 gallon portable tank filled to 80% of its capacity is to be loaded and secured on a transport vehicle for delivery to a consumer premises under § 173.315. In your letter you note that § 173.3150) 3) permits storage containers of less than 125 gallons to be shipped when charged with liquefied petroleum gas in compliance with DOT filling density, but do not specify how to load or secure the tank. The HMR currently do not prescribe requirements for the transport of a storage container for liquefied petroleum gas charged in excess of 5% of its capacity for permanent installation on consumer premises. Upon further review, it is the opinion of this Office that § 173.315(i)(3) should also apply the conditions required in § 173.315(j)(1). Thus, we recommend that a storage container of less than 125 gallons water capacity be shipped for permanent installation on consumer premises when charged with liquefied petroleum gas charged in conformance with the DOT filling density and shipped in accordance with the other conditions of § 173.315(i)(1). In final rule HM-245 (76 FR 5483; February 1, 2011), PHMSA incorporated the provisions of special permit (SP) 13341 into the HMR by revising § 173.315()(2). The final rule only intended to provide provisions for the one-way transport of liquefied petroleum gas in consumer storage containers from a consumer premises to the container owner's nearest facility. However, in this final rule, PHMSA inadvertently created a new § 173.315(j)(3) that was intended to be § 173.315()(1)(iv). We did not intend to authorize the transport of storage containers of less than 125 gallons of liquefied petroleum gas without additional operational conditions included in §173.315(j)(1),#

Page 2and we thank you for bringing this matter to our attention. PHMSA will revise this language in a future rulemaking. I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553. Sincerely, Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 3лаги $ 173.315(3 Packaging Spees. Dodd, Alice (PHMSA) 16-0060 From: Geller, Shelby CTR (PHMSA) Sent: Wednesday, April 13, 2016 2:23 PM To: Hazmat Interps Subject: FW: 173.315 ()) Attachments: Tory Foster.pdf; NFPA 58 HANDBOOK 9.6.2.2.pdf Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. I spoke with Ms Foster. Thanks, Shelby From: TORY FREEMAN [mailto:TORY1@BELLSOUTH.NET] To: PHMSA HM InfoCenter Sent: Wednesday, April 13, 2016 11:51 AM Subject: 173.315 (J) PLEASE PROVIDE WRITTEN CLARIFICATION Thank you, Tory Foster 601-735-4521#

Page 4Tory Foster Waynesboro, MS 39367 1703 McInnis Dr. U.S. DOT Attn: PHH-10 PHMSA Office of Hazardous Materials Standards 1200 New Jersey Avenue, SE. East Building Washington, DC 20590-0001 April 13, 2016 To whom it may concern, Requesting written clarification of Hazardous Material Regulations HMR; 173.315 (i) in this scenario: If "MY PROPANE COMPANY" is delivering 120 gallon dot cylinder or ASME propane tank filled to 80% (100 gallons of liquefied petroleum) to my house. How is that tank to be loaded and secured on the truck or trailer that is delivering it? 173.315() (1) references 5% or less in my opinion this would not apply as the above tank has more than 5% 173.315() (2) reference more than 5% but is only in returning to "MY Propane Company" not delivering to my house. 173.315() (3) gives permission to deliver 100 gallons in 120 gallon tank but does not tell us how to load or secure it? NFPA 58 2011 Edition was when it was changed 9.6.2.1 applies to 125 gallon or more 9.6.2.2 - does this apply to 120 gallon tanks? Where a container is transported with more LP-Gas than 5 percent of its water capacity in liquid form all of the following conditions shall apply: (1) The container shall not be filled beyond the filling limit of Section 7.4 (2) Transportation shall be permitted only to move containers from a stationary or temporary installation to a bulk plant (3) Valves and fitting shall be protected by a method approved by the authority having jurisdiction to minimize the possibility of damage. (4) Lifting Lugs shall not be used to move these containers. NFPA58 2011 HANDBOOK SHOWS A PICTURE IN EXHIBIT 9.15 WITH THE TANK NOT RESTING ON ITS LEGS. DOES THAT REFERENCE US BACK TO 173.315 (J) (2) (VII)? (the tank in the picture is larger than 120 gallons) Please advise how "MY PROPANE COMPANY" should load and secure a 120 dot cylinder or ASME gallon liquefied petroleum tank filled to 80% capacity for delivery to my home-- not removal from my home. Sincerely, Tory Foster See attachements#

Page 5394 Chapter 9 • Vehicular Transportation of LP-Gas sumers" premises. Occasionally, it may be necessary to move the container with more than 5 percent LP-Gas - for example, when the liquid evacuation valve does not function and the container cannot be pumped out at its installed site, or where it would he safer to transfer the contents at the propane dealer's facility rather than in a residential neighborhood. A container may be transported subject to the limitations specified by the authority having jurisdiction. which is usually DOT. See Exhibit 9.13 for an example of a way to load ASME stationary storage containers for less than 5 percent of their capacity. See 9.6.2.2, including the commentary, for restrictions transport. Lifting by the lifting lugs only is limited to new tanks or to tanks that are filled to on the use of lifting lugs for tanks filled to more than 5 percent. EXHIBIT 9.13 Saddle Trailer Container. (Courtesy of H&H Used to Transport Stationary Gas) 9.6.2 Transportation of Containers. 9.6.2.1 ASME containers of 125 gal (0.5 m') or more water capacity shall contain no more than 5 percent of their water capacity in liquid form during transportation. 9.6.2.2 Where a container is transported with more LP-Gas than 5 percent of its water capac- ity in a liquid form, all of the following conditions apply: (1) The maximum filling does not exceed the limit of Section 7.4. 2) Transportation shall be permitted only to move containers from a stationary or temporar alves and fois shall te protected by a methcd approved by the authoriy having jer (4) Lifting lugs shall not be used to move these containers. risdiction to minimize the possibility of damage. The limit of 5 percent water capacity for transportation of containers of 125 gal (0.5 m) or nore is a practical one. It recognizes that the gauges on containers cannot accurately measur ontents below 5 percent and that 5 percent is a small quantiry of propane Special Permit 13341 was issued by DOT to permit the transportation of ASME contain- ers of 500 gal (1890 L) water capacity or less containing more than 5 percent liquid. from the acherence to eies tope on regerie meres bu are at The the pier per description. tre special permit can be viewed at hetp://hazmat.dot.gov/sp_app/special_permits/exe_13000. hem#el3000. This permit may be granted to companies that wish to make use of its provi- 2011 LP-Gas Code Handbook#

Page 6Section 9.6 • Transportation of Stationary Containers to and from Point of Installation 395 sions, as party status is permitted. Information about applying for this permit is also available at this web page liquid for and during transportation is prohibited. The lifting lugs are not fabricated to lift the Note that the use of the lifting lugs to lift a container containing more than 5 percent weight of more than the container and 5 percent of its capacity. ily is summarized as follows: The safe transportation of containers with more than 5 percent of their maximum capac- • Transportation is permitted only to a bulk plant. • Valve and fitting protection is required to prevent damage during transportation. • Lifting lugs are not to be used • Authorization for transportation is required in order to safely empty it and that the equipment usually available at a bulk plant can expe- The requirements in 9.6.2.2 recognize that it is sometimes necessary to move a container ated liquid withdrawal excess-flow valve is used. (See Exhibit 9.14.) ASME containers built dite the procedure, enhancing safety. In order to remove LP-Gas from a container. the actu- any bottom fitting. ASME containers constructed after 1961 may have an actuated liquid prior to 1961 do not have an actuated liquid withdrawal excess-flow valve and may not have only options are as follows: withdrawal excess-flow valve that is inoperable. In such a case, at the installed location. the • Hold open the double-check filler valve using an unloading adapter. • Roll the container on its side to withdraw liquid through the vapor withdrawal valve. i is not required on vapor withdrawal connections. To perform these operations as safely a When either of the above methods is used, no excess-flow protection is in place because ossible, it is often preferable to do so away from a populated location and where the bull Liquid from Container to EXHIBIT 9.14 Removing with purging adapto /apor service valv Provision. (Courtesy of Comply with 5 Percent connection Equalizing Fill connection Pump-off inlet - Customer National Propane Gas tank Association) hose Truck delivery transfer hose Liquid - Liquid equalizing Truck withdrawal valve hose • Transfer valve with machined adaptor Equalizing apor service val connection Portable LP-Gas ith purging adapt Fill connection Suction compressor hose hose Discharge tanstomer - Liquid withdrawal valve Liquid transfer hose • Transfer valve Using a portable LP-Gas compressor adaptor with machined LP-Gas Code Handbook 2011#

Page 7396 Chapter 9 • Vehicular Transportation of LP-Gas plant has personnel better cquipped to handle the procedure In order to more the container back io the hulk plant. Special Permit 13341 was issued by DOT Sec the commentary fol- lowing 9.6.2.2 for more details on the speciat permit for the following two reasons: Containers smaller than 125 gal (0.5 m') are not required to he drained prior to shipping 1. They are not required to be equipped with a connection for liquid evacuation. so they can be difficult lo drain. 2. Their weight, even when full. is not so great that they cannot he handled safely member and not by the tank lifting lugs. Also. the tank is securels sapped to the trailer and Exhibit 9.15 shows a container ready for transportation. The tank is supported by a cross- the chains to the lifting lugs have slack to keep from overloading the lugs Used to Transport a EXHIBIT 9.15 Boom Trailer (Courtesy of Richard Stationary Container. Department of Agriculture Fredenburg, North Carolina and Consumer Services) 9.6.2.3 Containers shall be installed to minimize movement relative to each other or to the carrying vehicle while in transit, giving consideration to vehicular operation. ical damage during transportation. 9.6.2.4 Valves, regulators, and other container appurtenances shall be protected against phys- 9.6.2.5 Pressure relief valves shall be in direct communication with the vapor space of the container. 9.7 Parking and Garaging Vehicles Used to Carry LP-Gas Cargo The regulations for parking cargo tank vehicles and cylinder delivery trucks coner the follow- • Outdoor parking • Parking in public buildings • Parking in buildings owned by the sehicle's operato • Parking in huildings used to repair schicles its 9.16 and 9.17 To facilitate easier understanding of Section 4.7, see the flow charts contained in Exhib- 2011 LP-Gas Code Handbook#