United Petroleum Transport — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 NOV 2 6 2019 Randy Decker Director of Maintenance United Petroleum Transport 4312 S. Georgia Place Oklahoma City, OK 73129 Reference No. 19-0006 Dear Mr. Decker: This letter is in response to your February 4, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to pressure test requirements for MC 300 series cargo tanks. Specifically, you provide the following scenario: • You are the owner of an MC 300 series cargo tank. • In accordance with § 180.405(k), the cargo tank is marked with a MA WP of 3 psig. • Historically, in accordancewith §§ 180.405(k) and 180.407(g)(l)(iv), the cargo tank was pressure tested at 3 psig. You note that table 1 to§ 180.407(g)(iv) was amended following the November 7, 2018, publication of the final rule titled "Hazardous Materials: Response to Petitions from Industry to Modify, Clarify, or Eliminate Regulations" [83 FR 55792; HM-219A]. This rulemaking addressed a petition for rulemaking (P-1615) that revised the table 1 entry for MC 300,301,302, 303, 305, and 306 specification cargo tanks to read as: "The test pressure on the name plate or specification plate, or 1.5 times the MA WP, whichever is greater." Previously, the entry had read as: "20.7 kPa (3 psig) or design pressure, whichever is greater." You ask whether it was the intention of PHMSA to require a MC 300, 301, 302, 303, 305, or 306 specification cargo tank with a marked MA WP or design pressure of 3 psig to be tested to 4.5 psig (1.5 x MA WP of 3 psig) instead of testing it to 3 psig. The answer is no. In the HM-219A NPRM, PHMSA had originally proposed to revise § 180.407(g)(l)(iv) to read as: "The test pressure on the name plate or specification plate, 20.7 kPa (3 psig) or design pressure, whichever is greater" [81 FR 42609]. While PHMSA received comments to the proposed amendments in § 180.407(g)(l )(iv), these comments did not request a revision to the pressure specification of"20.7 kPa (3 psig) or design pressure."#

Page 2Following review of your request, PHMSA has identified that this revision was made in error and was not PHMSA' s intention. PHMSA is working to address this error soon in an upcoming rulemaking. In the interim, you may continue to requalify the cargo tank at 3 psig. I hope this information is helpful. Please contact us if we can be of further assistance. s::~ < ~ td:tft . Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3January, Ikeya CTR (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Subject: Monday, February 04, 2019 3:15 PM Hazmat Interps FW: Request for a letter of interpretation Hello Alice and lkeya, Below is a request for letter of interpretation. Thanks, Jonathon, HMIC From: Randy Decker [mailto:rdecker@otl-upt.com] Sent: Monday, January 07, 2019 5:46 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov-> Subject: Request for a letter of interpretation Hello, I would like a better understanding of the new rule making on P-1615. The rule states on a MC300 series trailer, that the test pressure on the name plate or specification plate, or 1.5 times the MAWP, whichever is greater. Well, my concern is that 180.405 (k) states that, DOT-specification cargo tank with no marked design pressure or a marked design pressure of less than 3 psig. The owner of an MC 300, MC 301, MC 302, MC 303, MC 305, MC 306, or MC 312 cargo tank with a pressure relief system set at 3 psig, must mark or remark the cargo tank with an MAWP or design pressure of not less than 3 psig. Now I have followed 180.405 (k) and marked the MC300 series trailers to have a MAWP of 3 and the test pressure was already 3 and by the new ruling the these trailer must be pressure tested at 4.5, which is 1.5 times higher the original test pressure that the trailer was designed to be tested. How is this not a safety issue? Randy Decker 4312 S. Georgia Place Oklahoma City, OK 73129 Office Number: 405-670-8933 Mobile Number: 405-406-3850 Thank you, Randy Director of Maintenance 4312 S Georgia Place Oklahoma City, OK 73129 Office: 405-670-8933 Cell: 405-406-3850 1#

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